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Full text of "North Carolina Register v.5 no. 12 (9/14/1990)"

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RECEIVED 



SEP 18 19S0 



EAW LIBRARY 



me 



iJ^RTH CAROLINA 

REGISTER 



IN THIS ISSUE 



m iLEoiiBua 



FINAL DECISION LETTER 



PROPOSED RULES 



Administrative Hearings 

Crime Control and Public Safety 

Environment, Health, and Natural Resources 

Insurance 

Medical Examiners, Board of 

FINAL RULES 

List of Rules Codified 

ARRC OBJECTIONS 

RULES INVALIDATED BY JUDICIAL DECISION 

ISSUE DATE: SEPTEMBER 1 4, 1 990 
Volume 5 • Issue 12 • Pages 792-859 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-month]>- 
and contains information relating to agency, e.\ecuti\e, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrati\e rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
\\ill topically comprise approximately fifty pages per 
issue of legal te.\t. 

State law requires that a copy of each issue be pro- 
\ ided free of charge to each count\' in the state and to 
\arious state officials and institutions. The Nortli Carolina 
Register is axailable b>' yearly subscription at a cost of 
one hundred and fi\"e dollars (S105.00) for 24 issues. 

Requests for subscriptions to the Nortli Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
Nortli Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or other\\ise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authorit>' for the action and the proposed effecti\e date. 

The Director of the Office of Administrati\e Hearings 
has authority- to publish a summar>', rather than the 
full text, of an\ amendment which is considered to be 
too length}-. In such case, the full text of the rule con- 
taining the proposed amendment \\ ill be available for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides other\\ise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file anv adopted or amended rule for approval by 
the Administrative Rules Review Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantialh' from the proposed form published 
as part of the public notice, upon request bv the agen- 
cy, the adopted version v\ill again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first dav of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules mav be v\ithdravvn bv' the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporarv rules. .A temporary 
rule becomes effective v\hen adopted and remains in 



effect for the period specified in the rule or 180 days 
v\hichever is less. An agency adopting a temporary rult 
must begin normal rule-making procedures on the per 
manent rule at the same time the temporary rule i; 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) i; 
a compilation and index of the administrative rules o 
25 state agencies and 38 occupational licensing boards 
The NCAC comprises approximately 15,000 letter size 
single spaced pages of material of which approximate 
ly 35 "o is changed annually. Compilation and publica 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is divided into Titles and Chapters. Eacl 
state agencv' is assigned a separate title v\'hich is fur 
ther broken down by chapters. Title 21 is designatec 
for occupational licensing boards. 

The NCAC is available in tv^■o formats. 

(1) Single pages may be obtained at a minimun 
cost of two dollars and 50 cents ($2.50) for 1( 
pages or less, plus fifteen cents ($0. 1 5) per eacl 
additional page. 

(2) The full publication consists of 52 volumes 
totaling in excess of 15,000 pages. It is sup 
plemented monthly with replacement pages. / 
one year subscription to the full publication in 
eluding supplements can be purchased fo 
seven hundred and fifty dollars ($750.00). In 
dividual volumes may also be puixhased witl 
supplement service. Renewal subscriptions fo 
supplements to the initial publication available 

Requests for pages of rules or volumes of the NCAC 
should be directed to the Office of Administrativt 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pro 
cedures to be followed. For specific statutory language 
it is suggested that Articles 2 and 5 of Chapter 150B o 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited bv volume, issue 
page number and date. 1:1 NCR 101-201, April 1, 198( 

refers to Volume 1, Issue 1, pages 101 through 201 o 
the North Carolina Register issued on April 1, 1986 



North Carolina Register. Published bi-monthly by 
the Office of Administrative Hearings, P.O. Drawer 
1 1666, Raleigh, North Carolina 27604, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and five dollars ($105.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks v\ith supplement service by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes. 
Subscriptions seven hundred and fifty dollars 
(S750.00). Individual volumes available. 



NORTH 
CAROLINA 
REGISTER 



ISSUE CONTENTS 




Office of Administrative Hearings 

P. O. Drawer 11666 

Raleigh, \C 27604 

(919) 733 - 2678 



Julian Mann III, 

Director 
James R. Scarcella Sr., 

Deputy Director 
Molly Masich, 

Director APA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa KiJpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 



I. FINAL DECISION LETTER 

Voting Rights Act 792 

11. PROPOSED RULES 

Administrative Hearings 

Rules Division 839 

Crime Control and 

Public Safety 

State Highway 

Patrol 804 

Environment, Health, and 

Natural Resources 

Health Services 816 

Marine Fisheries 805 

Wildlife Resources 

Commission 815 

Insurance 

Engineering and 

Building Codes 793 

Fire and Casualty 796 

Life: Accident and 

Health Division 798 

Licensing Board 

Medical Examiners, 

Board of 838 

III. FLSAL RULES 

List of Rules Codified 842 

rv. ARRC OBJECTIONS 852 

V. RULES rv\ ALIDATED BY 

JUDICIAL DECISION 855 

VI. CUMULATFVT LSDEX 857 



NORTH CAROLINA REGISTER 

Publication Schedule 

(April 1990 - December 1991) 



Issue 


Last Day 


Last Day 


Earliest 


+ 


Date 


for 


for 


Date for 


Earliest 




Filing 


Electronic 


Public 


Effective 






Filing 


Hearing & 
Adoption by 
Agency 


Date 


++++++++ 


+*++++++ 


+++*+++♦ 


++++++++ 


++*+++++ 


04/02;90 


03/12,90 


03/19/90 


05/02/90 


08/01/90 


04/16/90 


03/23/90 


03/30/90 


05/16/90 


08/01/90 


05/01/90 


04/09/90 


04/17/90 


05/31/90 


09/01/90 


05/15/90 


04/24/90 


05/01/90 


06/14/90 


09/01/90 


06/01/90 


05/10/90 


05/17/90 


07/01/90 


10/01/90 


06/15/90 


05/24/90 


06/01/90 


07/15/90 


10/01/90 


07/02/90 


06/11/90 


06/18/90 


08/01/90 


11/01,90 


07/16/90 


06/22/90 


06/29/90 


08/15/90 


11/01/90 


08/01,90 


07/11/90 


07/18/90 


08/31/90 


12/01/90 


08/15/90 


07/25/90 


08/01/90 


09/14/90 


12/01/90 


09/04,90 


08/13/90 


08/20/90 


10/04/90 


01/01/91 


09/14-90 


08 24,90 


08/31/90 


10/14/90 


01/01/91 


10 01/90 


09/10/90 


09/17/90 


10/31/90 


02/01/91 


10/15/90 


09/25/90 


10/02/90 


11/14/90 


02/01/91 


11/01/90 


10/11/90 


10/18/90 


11/30/90 


03/01/91 


11/15 90 


10 24 90 


10/31 '90 


12,14,90 


03/01/91 


12/03 90 


11,08,90 


11/15/90 


01/02/91 


04/01,91 


12/14,90 


11/21/90 


11/30/90 


01/13/91 


■04/01/91 


01/02.91 


12/07/90 


12/14/90 


02/01/91 


05/01/91 


01/15/91 


12/20/90 


12/31/90 


02/14,91 


05/01/91 


02/01 91 


01/10/91 


01/17/91 


03,03,91 


06/01/91 


02/15/91 


01/25/91 


02/01/91 


03 17/91 


06/01/91 


03/01/91 


02/08/91 


02/15/91 


03/31,91 


07/01/91 


03/15/91 


02 22/91 


03/01/91 


04 14/91 


07/01/91 


04/01/91 


03, 11,91 


03/18/91 


05,01/91 


08,01/91 


04/15/91 


03/22/91 


04/01/91 


05,15/91 


08/01/91 


05/01 '91 


04/10/91 


04/17/91 


05/31/91 


09/01/91 


05/15 91 


04 24/91 


05,'01 91 


06/14/91 


09/01,91 


06,03,91 


05/10/91 


05/17/91 


07/03/91 


10/01,91 


06/14,91 


05/23/91 


05/31/91 


07/14/91 


10/01/91 


07/01/91 


06/10/91 


06/17/91 


07/31,91 


1101, 91 


07/15:91 


06/21/91 


06/28/91 


08.14,91 


1101, 91 


08/01/91 


07/11/91 


07/18/91 


08/31/91 


12/01,91 


08/15,91 


07/25/91 


08/01/91 


09/14/91 


12/01.91 


09/03 91 


08/12/91 


08/19/91 


10.03/91 


01,01/92 


09/16,91 


08/23/91 


08/30/91 


10 16.91 


01 01.92 


10/01 91 


09'10,91 


09/17/91 


10 31/91 


02 01 92 


10,15 91 


09/24/91 


10/01/91 


11 14.91 


02,01,92 


11/01/91 


10/11/91 


10/1891 


12 0191 


03 01,92 


11/15/91 


10/24/91 


10'31/91 


12, 15,91 


03 01/92 


12/02/91 


11/07/91 


11/14/91 


01 01 92 


04/01,92 


12/16/91 


11/21/91 


12/02/91 


01/15/92 


04/01/92 



* The "Earliest Effecti\'e Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date" , that the agency files the rule with The Administrative Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



VOTING RIGHTS ACT FINAL DECISION LETTER 



[G.S. I20-30.9H, effective July 16, 1986, requires that all letters and other documents issued by the 
A ttorney General of the United States in which a final decision is made concerning a "change af- 
fecting voting" under Section 5 of the Voting Rights Act of 1965 be published in the North Carolina 
Register. / 



U.S. Department of Justice 
Civil Rights Division 

JRD:LLT:DJH:tlb 

DJ 166-012-3 Voting Section 

AG784 P.O. Box 66128 

Washington, D.C. 20035-6128 

August 21, 1990 

Robert C. Cogswell, Jr., Esq. 

City Attorney 

P.O. Bo.x 1513 

Fayctteville, North Carolina 28302-1513 

Dear Mr. Cogswell: 

This refers to the procedures for conducting the August 28, 1990 special election for the City of 
FayettevLUc in Cumberland County, North Carolina, submitted to the Attorney General pursuant to 
Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received your sub- 
mission on June 22, 1990. 

The Attorney General does not interpose any objection to the changes in question. However, 
we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the 
enforcement of such changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 
51.41). 

Sincerely, 

John R. Dunne 

Assistant Attorney General 

Civil Rights Division 



By: 



J. Gerald Hebert 
Acting Chief, Voting Section 



5:12 NORTH CAROLINA REGISTER September 14, 1990 792 



PROPOSED RULES 



TITLE 1 1 DEPARTMENT OF 
INSURANCE 

1\ otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the N.C. Department of Insurance 
intends to amend rule(s) cited as 1 1 NCAC 8 
.0505, .0507 - .0508, .0602, .0605, .0706; and re- 
peal rule(s) cited as II NCAC 8 .0501, .0509 - 
.05/0, .0601, .0701. 

1 he proposed effective date of this action is 
January I, 1991. 

1 he public hearing will be conducted at 10:00 
a.m. on October 25, 1990 at the N.C. Department 
of Insurance, Qualifications Board, 410 N. Bovlan 
Avenue. Raleigh, N.C. 27611. 



Co 



omment Procedures: Written comments may 
be sent to Grover Sawyer c/o Qualifications 
Board. P.O. Box 26387. Raleigh, N.C. 27611. 
Oral presentations may be made at the public 
hearing. Anyone having questions should call 
Grover Sawver at (9/9) 733-3901 or Ellen 
Sprenkel at (919) 733-4700. 

CIIAPIKR 8 - ENGINEKRING AND BLILDING 
COI5KS 

SECTION .0500 - QLALIFICATION 
BOARD! IMITED CERTIFICATE 

.0501 LEGAL REQLIREMEN L (REPEALED) 

StatutofT Authority G.S. 143-/5/. /3. 

.0505 APPLICATION: WHERE MADE AND FEE 

Ihe completed application shall be returned to 
the Board at P.O. Box 26387, Raleigh, North 
Carolina 27611. Each apphcation shall be ac- 
companied by payment of a t#» dollar (tlO-Ofl) 
twenty dollar ($20. 00) fee, cither in cash or by a 
check made payable to the North Carolina Code 
Officials Oualification Board. 



Statuton' A uthority 
/ 43-/ 5/'. 16. 



G.S. 143-151.12(1); 



.0507 RENEWAL 

To remain effective, a limited certificate must 
be renewed annually on or before the first day 
of July. .Applications for renewal shall be made 
in the same manner as the onginal application for 
the certificate, on forms furnished by the Di' i ir . ion 
ef rnginooring stf¥^ Building Cod e r , m A<» -P*?- 
partm e nt svf liT . uranc e . Board. .\ 6vt^ dollar 
(J . .VOO) ten dollar (SlO.OO) renewal fee shall ac- 
company each such application. In the e\ent 



that an application is not received by July 1, an 
additional late renewal fee of two dollars ($2.00) 
shall be charged. 



Statutory 
143-151.16. 



Authority G.S. 143-151.12(1); 



.0508 REQUIRED IN-SERVICE TRAINING 
FOR RENEWAL 

No code enforcement official may have a lim- 
ited certificate authonzing continuation in a po- 
sition he held on June 13, 1977, renewed after 
July 1, 1981 unless he shall have submitted vahd 
evidence that he has completed in-service training 
as prescribed by the Board. 

No code enforcement official may have a lim- 
ited certificate authorizing continuation in a po- 
sition he held on an "applicable date" as specified 
in R«4e TtM44 U NCAC 8 .0510 renewed beyond 
two years following such date, fire prevention 
inspectors bevond July J_^ 1993, unless he shall 
have submitted valid evidence that he has com- 
pleted in-service training as prescribed by the 
Board; said training shall be identical to the 
training required of applicants for standard cer- 
tificates for the types and levels of code enforce- 
ment duties performed. 



Statutory 
143-151.13. 



Authority G.S. 143-151.12(1); 



.0509 RETl RN OF CERTIFICATE WHEN 
LEANT EMPLOYMENT (REPEALED) 

Statutory Authority G.S. 143-151 .15. 

.0510 CERTIFICATES FOR POSITIONS 
HELD ON APPLICABLE DATES 
(REPEALED) 

Statutory Authority G.S. 143-/51.13. 

SECTION .0600 - QLALIFICATION 
BOARD-PROB.VriONARV CERTIFICATE 

.0601 LEGAL REQLIREMENT (REPEALED) 

Stalutoty Authority G.S. 143-151 .13. 

.0602 N.\TLRE OF PROB.UIONARY 
CERriFIC.\TE 

A probationary certificate Vritt may be issued, 
without examination, to any newly-employed or 
newly-promoted code enforcement official who 
lacks a standard certificate which covers his new 
position. A probationan' certificate is issued for 
two years' only e>f until June * iUr 19S3. ' ■ vhicho' i L ' r 
H- ktk*f and may not be renewed, it j* L'xpuctL'd 
t4w4- tfee fhc ofticial will take whatever measures 



79i 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



PROPOSED RULES 



are necessary- during such period to qualify for 
an appropriate standard certificate. A 

probationary' certificate authorizes the official, 
during the effective period of the certificate, to 
hold the position of the type, level and location 
specified. The certificate may shall be condi- 
tioned upon the official's applicant's working 
under supen,'ision sufficient to protect the public 
health and safety; or the applicant must have a 
minimum of two years of design, construction, 
or mspection experience working under a certi- 
fied inspector, licensed engineer, architect, or 
contractor in each area of code enforcement for 



which the probationary certificate is issued; or 
the applicant must have successfully completed 
a probationary' pre-qualification exam adminis- 
tered by the Board in each area of code enforce- 
ment for which the probationary" certificate is 
issued. 



(See Sec. 404-412 

of Volume I, North 

Carolina State 
Building Code) 

ASSEMBLY 



— BUSINESS 



1 story 
7,500 sf 



1 story 
20,000 sf 



Statutory Authority G.S. 143-151.12(1); 
143-151. 13(d). 

.0605 APPLICATION: WHERE MADE AND FEE 

The completed application shall be returned to 
the Board at P.O. Box 26387, Raleigh, North 
Carolina 27611. Each application shall be ac- 
companied by payment of a tw* dollar (SIQ.OQ) 
twenty doUar (S20.00) fee, either in cash or by a 
check made payable to the North Carolina Code 
Officials Qualification Board. 



EDUCATION 



HAZARDOUS 



1 story 
7,500 sf 



1 story 
3,000 sf : 
(See Note) 



Statutory' 
I43-I5f.l6. 



Authority G.S. 143-151.12(1); 



SECTION .0700 - QL AI IFIC.ATION 
BOARD-STANDARD CERTIFIC.\TE 



INDUSTRIAL 



1 story 

20,000 sf 



.0701 LEGAL REQLIREMENT (REPEALED) 

Statutory Authority G.S. 143-151 .13. 



.0706 REQLIRED QUALIFICATIONS: 
TYPES AND LE\ ELS 

(a) Qualification Levels 

(1) With respect to all types of code enforce- 
ment officials other than code administra- 
tor, those with Level I, Level II, and Level 
III certificates shall be qualified to inspect 
and approve only those t\pes and sizes of 
buildings specified in the table. 

(2) Limitation on maximum size of buildings 
for Building, Electrical, Mechanical, and 
Plumbing inspectors, Levels I, II and III: 



OCCUPANCY 
CLASSIFICATION 



LEVEL I 



INSTITUTIONAL 



MERCANTILE 



, 



1 story 
7,500 sf 



1 story 
20,000 sf 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



794 



PROPOSED RULES 



RESIDENTIAL 



STORAGE 



1 & 2 family 
dwel lings 
1 story resi- 
dential 
7,500 sf 



1 story 
20,000 sf 



3 stories 
10,000 sf 
per floor 



1 story 
60,000 sf 
per floor 
4 stories 
20,000 sf 
per floor 



Unlimited 



Unlimited 



LEVEL II 



LEVEL III 



3 stories 



Unlimited 



1 story 
20,000 sf 



1 story 
60,000 sf 
4 stories 
20,000 sf 
per floor 



2 stories 
20,000 sf 
per floor 



Unlimited 



Unlimited 



Unlimited 



1 story Unlimited 

60,000 sf 

per floor 

4 stories 

20,000 sf 

per floor 

Note: *Electrical Inspector, level I sliall not be 
authorized to inspect wiring or equipment in 
hazardous location locations as defined by See- 
Ht*ft 05011 Article 500 of the National Electrical 
Code with the exception of service stations and 
service pumps. 

(3) I imitation on occupancy classifications 

of buildings for Fire Inspectors, Levels I, 

II and Ilir 



2 stories 
20,000 sf 
per floor 



1 story 
60,000 sf 
per floor 
4 stories 
20,000 sf 
per floor 



Unlimited 



Unl imited 



CERTIFICATION LEVELS FOR EIRE 
INSPECTORS 
LEVEL I: 

OCCUPANCY: 

Business 

Small Assembly 

Mercantile 

Residential 

Storage 

Excluding Higlirise * 

No Plan Re\'iew 

OCCUPANCY: 

Ever\lhing in Lc\el I 

Large Assembly 

Educational 

Industrial 

Storuiii. ' 



LEVEL II: 



795 



5:12 yORTH CAROLINA REGISTER September 14, 1990 



PROPOSED RULES 



LEVEL IIL 



Plan Review of all 

Occupancies in 

Level II 
Excluding Highrise * 

OCCUPANCY: 
Everylhing in Levels I 
and II 

Hazardous 

Institutional 

Indur . trial 

Highrise 

Plan Review of all 

Occupancies 
(Unlimited Occupancies) 



* The term "excluding highrise" is listed because 
some of the acceptable occupancies for the levels 
could be located in a highrise building. 



Siatutor\' 
I43-I5l'.l3. 



Authority G.S. 143-151.12(1); 



a-k-k-k-k-k-k-k-k-k-k-k-k-k-k*** 



1\ otice is hereby given in accordance with G.S. 
150B-I2 that the N.C. Department of Insurance 
intends to adopt rule(s) cited as 1 1 SCAC 10 
.1601 - .1604. 

1 he proposed effective date of this action is 
January I, 1991. 

1 he public hearing will be conducted at 10:00 
a.m. on October 15, 1990 at the Dobbs Building, 
Room 4085, 4th Floor Conference Rm., 430 N. 
Salisbwy Street. Raleigh. S.C. 27611. 

y^omment Procedures: Written comments may 
be sent to Ronnie Chamberlain, P.O. Box 26387, 
Raleigh, N.C. 27611. Oral presentations may be 
made at the public hearing. Anyone having 
questions should call Ronnie Chamberlain at 
(919) 733-3368, or Ellen Sprenkel at (919) 
733-4700. 

CIIAPTF.R 10 - FIRE AND CASUALTY 
DIMSION 



SECIION .1600 



PROSPECTIVE LOSS COSTS 
FILINGS 



.1601 PURPOSE; SCOPE; APPLICABILITY 

(a) This Section specifies the system under 
which rating organizations and their participating 
insurers that elect to adopt a prospecti\e loss cost 
system will operate. Under this system, rating 



organizations shall not develop or file advisory 
final rates; but shall develop and file advisory 
prospective loss costs and supporting actuarial 
and statistical data. Each insurer must inde- 
pendently and individually determine and file the 
rates it will use. Rating organizations will con- 
tinue to develop and file rules, relativities, and 
supplementary rating information on behalf of 
their participating insurers. 

(b) 11 NCAC 10 .1603 applies when a rating 
organization fdes advisory prospective loss costs. 
11 NCAC 10 .1604 applies when a rating organ- 
ization fdes supplementary rating information. 
11 NCAC 10 .1603 and 11 NCAC 10 .1604 both 
apply when a rating organization fdes both advi- 
sory prospective loss costs and supplementary 
rating information. Each of these submittals 
shall be treated separately because different pro- 
cedures will apply. 

(c) Nothing in this Section requires rating or- 
ganizations to cease filing advisory rates or pre- 
vents their participating insurers from adopting 
such rates. Rating organizations that desire to 
file rates shall complete a rate filing questionnaire 
according to 11 NCAC 10 .1107. 

(d) This Section does not apply to nonilcet 
private passenger motor \'ehicle, homeowners, 
farmowners, or dwelling frre insurance. 

Statutory Authority G.S. 58-2-40: 58-36-15; 
58-37-35; 58-40-30; 58-41-50; 58-45-45; 
58-46-55. 

.1602 DEFINITIONS 

As used in this Section: 

(1) "Developed losses" means losses (including 
loss adjustment expenses) adjusted, using 
standard actuarial techniques, to ehminate 
the effect of differences between current 
payment or reser\'e estimates and those 
needed to provide actual ultimate loss (in- 
cluding loss adjustment expenses) payments. 

(2) "Expenses" means that portion of a rate 
attributable to acquisition, field supervision, 
and collection expenses; general expenses; 
and taxes, licenses, and fees. 

(3) "Loss cost multipliers" means provisions 
for expenses, profit, and variations in loss 
experience added by an indi\idual insurer to 
prospccti\e loss costs in order to produce 
fmal rates. 

(4) "Loss trending" means any procedure for 
projecting de\eloped losses to the a\'erage 
date of loss for the period during which the 
policies are to be effective. 

(5) "Prospective loss costs" means that portion 
of a rate that does not include pro\isions for 
expenses (other than loss adjustment ex- 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



796 



PROPOSED RULES 



penses) or profit; and that is based on his- 
torical aggregate losses and loss adjustment 
expenses adjusted through development to 
their ultimate value and projected through 
trending to a future point in time. 

(6) "Rate" means the cost of insurance per ex- 
posure unit, whether expressed as a single 
number or as a prospective loss cost with 
loadings for expenses, profit, and variations 
in loss experience; prior to any application 
of individual risk variations based on loss or 
expense considerations. "Rate" does not 
include minimum premiums. 

(7) "Rating organization" includes a jomt 
underwriting organization or a joint reinsur- 
ance organization. 

(8) "Supplementary rating information" in- 
cludes any rating information other than 
rates by territory and by class; including but 
not limited to classification and territory de- 
finitions, various rating rules, increased lim- 
its factors, experience rating plans, and 
minimum premiums. 

Statutory Authoritv G.S. 58-2-40; 58-36-15; 
58-37-35; 58-40-30; 58-41-50; 58-45-45; 
58-46-55. 

.1603 RATE .\ND LOSS COSTS 

(a) A rating organization may develop and file 
a reference filing with the Department, w^hich til- 
ing shall contain the advisory prospective loss 
costs, the underlying loss data, and other sup- 
porting statistical and actuarial information for 
any calculations or assumptions underlying those 
loss costs. 

(b) After a reference filing has been made with 
the Department and determined by the Com- 
missioner to be proper, the rating organization 
will pro\ide its participating insurers \sith a copy 
of the reference filing. 

(c) .\ rating organization may print and dis- 
tnbute manuals of prospective loss costs. After 
an initial prospective loss costs reference filing 
has been made by a rating organization and has 
been determined by the Commissioner to be 
proper, that rating organization shall no longer 
develop or fde any minimum premiums in this 
State. 

(d) Fach insurer must indi\idually determine 
the final rates it will file and the effective date of 
any rate changes througli an independent com- 
pany decision-making process. Such rates shall 

' be produced by adding expense and profit 
loadings and any loss cost modification to the 
prospecti\e loss costs de\cIoped by the rating 
organization. 



(c) If an insurer that is a member, subscriber, 
or service purchaser of a rating organization de- 
cides to use the prospective loss costs in a proper 
reference fding in support of its own fding, the 
insurer must submit a proper rate filing in ac- 
cordance with 11 NCAC 10 .1 107. In that filing, 
the insurer shall provide justification for the loss 
cost multipliers used in producing the final rates. 

(f) If an insurer fdes a modification of the pro- 
spective loss costs in a proper reference filing 
based on its own anticipated experience, an in- 
dependent filmg is required. Supporting doc- 
umentation shall be required for any upward or 
downward modifications of the prospective loss 
costs in the reference filing. 

(g) An insurer may vary expense loads by in- 
di\idual classification, grouping, or subline of in- 
surance. An insurer may use vanable or fixed 
expense loadings or a combination of these to 
establish its expense loadings. 

(h) If an insurer wishes to use a minimum 
premium of any type, a proper rate filmg must 
be submitted to the Department. 

(i) An insurer may fde such other information 
that it deems to be relevant and shall provide 
such other information that is requested by the 
Department. 

(j) Whenever a new reference filing is fded and 
determined to be proper: 

(1) If an insurer decides to use the prospective 
loss costs to revise its rates, the insurer 
must fde v\ith the Department a rate filing 
questionnaire according to 11 NCAC 10 
.1107, including the effective date of the 
rates and copies of all new rate pages. 

(2) If an insurer decides not to use the rc- 
\isions, the insurer is not required to 
make any tiling with the Department. 

Statutory Authority G.S. 58-2-40; 58-36-15; 
58-37-35; 58-40-30; 58-4/-50; 58-45-45; 
58-46-55. 

.1604 SI I'I'I KMF.NTARV R.\TING 
INFORMATION 

(a) A rating organization may submit a proper 
rate fding to the Department containing a re- 
\'ision of rules, relati\ities, or other supplemen- 
tary rating information, on behalf of those 
insurers that have authorized the rating organ- 
ization to make such submittal on their behalves. 
A rating organization may print and distribute 
manuals of rules, relativities, and other supple- 
mcntan," rating infonnation. excluding minimum 
premiums. 

(b) WTien an insurer has authorized a rating 
organization to file on its behalf, and a new filing 
of rules^ relativities, and other supplementary 



797 



5:12 i\ORTH CAROLINA REGISTER September 14, 1990 



PROPOSED RULES 



rating information is fiJed and determined to be .0834 



proper: 

(1) If the insurer decides to use the revisions 
and effective date as filed, the insurer is 
not required to make a filing with the 
Department. 

(2) If the insurer decides to use the revisions 
as filed but with a different effective date, 
the insurer must notify the Department 
60 days before the rating organization's 
effective date or the insurer's own effective 
date, whichever date is earlier. 

(3) If the insurer decides to use the revisions 
with modifications, the insurer must file 
supporting data for the changes with the 
Department for re\'iew and specify the 
basis for the modifications. This must be 
done 60 days before the rating organiza- 
tion's effective date or the insurer's own 
effective date, whichever date is earlier. 

(4) If the insurer decides not to use the re- 
visions, the insurer must notify the De- 
partment. 

Statutorv Authority G.S. 58-2-40; 5S-36-I5: 
5S-37-35: 5S-40-30; 58-41-50; 58-45-45; 
58-46-55. 

•k-k'k-k^-k-k-k-k-k'k'k^-k-k-k-k-k 



i\ otice is hereby given in accordance with G.S. 
I50B-I2 that the N.C. Department of Insurance 
intends to adopt rule(sj cited as J J NCAC 12 
.0834. 

1 he proposed effective date of this action is 
February I, 1991. 



Th 



he public hearing will be conducted at 10:00 
a.m. on October 23, 1990 at the 3rd Floor Hearing 
Room, Dobbs Building, 430 A'. Salisbwy Street, 
Raleigh, N. C. 27611. 



Co 



omment Procedures: Written comments may 
be sent to Laurie Sax ton, P. O. Bo.x 26387, 
Raleigh, N.C. 2761 1. Oral presentations may be 
made at the public hearing. Anyone having 
questions should call Laurie Saxton at (919) 
733-5060, or Ellen K. Sprenkel at (919) 
733-4700. 

CHAPTER 12 - LIFE: ACCIDENT AND HEALTH 
DIVLSION 

SECTION .0800 - MEDICARE SLPPLE.MENT 
INSURANCE 



PERMITTED COMPENSATION 
ARRANGEMENTS 

(a) As used in this Rule: 

(1) "Compensation" means consideration or 
remuneration of any kind relating to the 
sale or renewal of a policy, including but 
not limited to commissions, bonuses, 
gifts, prizes, or awards. 

(2) "Policy" includes a certificate. 

(3) "Representative" includes an agent, gen- 
eral agent, manager, broker, or other pro- 
ducer. 

(b) A person may provide compensation to a 
representative for the sale of a policy only if the 
compensation for the first year or period is no 
more than two hundred percent of the compen- 
sation provided in the second year or period. 

(c) The compensation provided in subsequent 
renewal years or periods must be the same as that 
provided in the second year or period and must 
be provide for not less than four subsequent re- 
newal years or periods. 

(d) If a policy is replaced, no person shall pro- 
vide and no representative shall receive compen- 
sation greater than that payable by the replacing 
insurer on renewal pohcies. This Paragraph does 
not apply if the benefits of the replacement policy 
are clearly and substantially greater than the 
benefits of the replaced policy. 

(e) Each insurer shall establish marketing pro- 
cedures that set forth a mechanism or formula for 
determining whether replacement policies con- 
tain benefits clearly and substantially greater than 
the benefits of replaced policies. 

Statutory Authority G.S. 58-2-40; 58-54-/5. 
****************** 



1\ otice is hereby given in accordance with G.S. 
I50B-I2 that the N.C. Department of Insurance 
intends to adopt rule(s) cited as 1 1 NCAC 12 
.0901 - .0917. 

1 he proposed effective date of this action is 
January 1 , 1991. 

1 he public hearing will be conducted at 10:00 
a.m. on October 16, 1990 at the Dobbs Building, 
3rd Floor Conference Room, 430 N. Salisbury 
Street. Raleigh, N.C. 27611. 

\^ omment Procedures: Written comments may 
be sent to Rodney Finger, P. O. Box 26387, 
Raleigh, N. C. 27611. Oral presentations may be 
made at the public hearing. Anyone having 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



798 



PROPOSED RULES 



questions should call Rodney Finder at (919) 
733-5060, or Ellen Sprenkel at { 919) 733-4700. 

SECTION .0900 - L TILIZATION REVIEW 

.0901 IH RPOSE 

(a) The purpose of this Section is to; 

( 1 ) promote the delivery' of appropriate health 
care in a cost effective manner; 

(2) foster greater understanding, communi- 
cation and coordination among health 
care providers, insureds, payers, and utili- 
zation review entities; 

(3) improve communications and knowledge 
of health care benefits and services among 
all parties concerned before expenses are 
incurred; 

(4) protect insureds, payers, and health care 
providers by ensuring that qualified per- 
sons perform utilization review and make 
informed decisions on the appropriateness 
of the health care setting or of the medical 
necessity of health care services; 

(5) ensure that utilization review entities 
maintain confidentiaUty of medical re- 
cords in accordance with applicable state 
and federal laws; and 

(6) ensure that utilization re\iew entities ad- 
here to reasonable standards for conduct- 
ing orderly and efficient utilization review 
processes. 

(b) In order to attain these ends, it is necessary 
to establish minimum standards for utilization 
re\iew entities; establish minimum standards for 
utilization review plans used in reviews; require 
payers to do business only with entities that meet 
such standards; and require payers that perform 
re\iew for their o\\ n health benefit plans to meet 
such standards. 

Statuioiy Authority G.S. 5S-50-60. 

.0902 DEHMTIONS 
As used in this Section: 

(1) "Criteria" means predetermined, measur- 
able elements of health care against which 
an actual occurrence can be compared. 

(2) "Health benefit plan" means an insurance 
policy; a hospital, medical, or dental service 
plan contract; an IIMO plan; a preferred 
provider arrangement; a self- insured work- 
ers' compensation plan; or a fuUy or par- 
tially self-insured single or multiple 
employer welfare arrangement; that pro\ides 
benefits or services for health care. 

(3) "Health care pro\'ider" or "provider" in- 
cludes any person who is licensed or other- 
wise registered or certified to engaae in the 



practice of, or otherwise performs duties as- 
sociated with, any of the following 
catagories: medicine, surgery, dentistry, 
pharmacy, opto- mctry, obstetrics, 
osteopathy, podiatry, chiropractic, 

radiology, nursing, physiotherapy, 

pathology, anesthesiology, anesthesia, labo- 
ratory analysis, rendering assistance to a 
physician, dental hygiene, psychiatry, psy- 
chology, physical therapy, or chemical de- 
pendency treatment; or a health service 
facility as dcfmed in G.S. 131E-176(9b). 

(4) "Insured" means any person eUgible for 
health care benefits or services under a 
health benefit plan. 

(5) "license" means a payer's certificate of 
authority or registration. 

(6) "Noncertification" means a full or partial 
denial of certification of the appropriateness 
or medical necessity of a requested service. 

(7) "Payer" means any insurer or person 
subject to regulation and licensing under 
Articles I through 67 of Chapter 58 of the 
General Statutes, including preferred pro- 
vider arrangements and third party adminis- 
trators; a self-insured workers' compensation 
plan; or a fuUy or partially self-insured single 
or multiple employer welfare arrangement. 

(8) "Person" includes an individual, aggre- 
gation of indisiduals, partnership, corpo- 
ration, or unincorporated association. 

(9) "Standards" means current, professionally 
de\eloped statements of the range of ac- 
ceptable variation from a norm or criteria. 

(10) "Utilization review" or "review" means a 
system for prospective or concurrent review 
of the necessity or appropriateness of health 
care resources and services given or pro- 
posed to be given to an insured or group of 
insureds; and includes: 

(a I the review of the rendering of health care 
by pro\idcrs for which provision of re- 
imbursement is made under health benefit 
plans; and 

(b) the evaluation of health care and health 
service facilities based on cnteria defined 
in this Section. 

(11) "I'tilization review entity" or "entity" 
means any person employed by or affihated 
with a pa\er and performing utilization re- 
\'iew for a payer; but does not include a sin- 
gle emplo\er health benefit plan qualified 
under l'RIS/\ that performs re\iew soleh' 
on the participants or beneficiaries of such 
plan. 

(12) "L'tilizalion review plan" or "plan" means 
a wntten procedure for periorming re\iew. 



799 



5:12 AORTH CAROLINA REGISTER September 14, 1990 



PROPOSED RULES 



Staiuton- Authority G.S. 5S-50-60. 
.0903 APIM ICATION TO AND COMPLIANCE 

Bv pam:ks 

(a) No payer whose health benefit plan covers 
persons in North Carolina may contract for re- 
view to be performed on his behalf with an entity 
that does not meet the requirements and stand- 
ards of this Section. No payer whose health 
benefit plan covers persons in North Carolina 
may perform review for his own health benefit 
plan unless he meets the requirements and 
standards of this Section. 

(b) Payers that are subject to this Section must 
complv with this Section within 120 davs after 
Januan.' 1, 1991. 

(c) On or before Apnl 1 of each year, even,' 
payer subject to this Section shall pro\ide the 
Commissioner with a certification that the payer 
is in compliance with this Section. 

(d) This Section does not apply to utilization 
review performed solely under contract with the 
federal government for review of patients eligible 
for ser\ices under Titles XVIII (Medicare) or 
XIX (Medicaid) of the federal Social Security 
Act; under the Civilian Health and Medical Pro- 
gram of the I'niformed Services (CIIAMPL'S): 
or under any other federal emplo\ee health ben- 
efit plan. 

(e) The Commissioner may refuse to issue or 
renew and may suspend or revoke a payer's li- 
cense, registration, or authority, if he determines 
that a payer or entity affiliated with a payer has 
failed or refused to comply with the pro\'isions 
of this Section or any order issued pursuant to 
this Section. 

StiJtutofj Authority G.S. 5S-50-60. 

.0904 RKQl IREMKMS FOR I III l/.ATION 
REMEW 

In addition to other requirements prescribed by 
this Section, every agreement between a payer 
and an entity and every plan of a payer perform- 
ing re\ie\\ for its own health benefit plans shall 
contain the following: 

(1) a provision for ad\ance notice to insureds 
of any requirements for certification of the 
health care settmg or preapproval of the ne- 
cessity of health care service or any other 
prerequisite to approval of payment; 

(2) a pro\'ision for an appeals process in ac- 
cordance with 11 NCAC 12 .0914; 

(3) policies and procedures that will ensure that 
a representative of the entity, authorized to 
approve the utilization review determination 
is available to insureds and pro\iders in ac- 
cordance with 11 NCAC 12 .0907; 



(4) policies and procedures to ensure that for 
all nonemergency health care, the entity 
shall communicate its decision on the re- 
quested review requirement no later than 
two business days after initial contact by the 
insured, his representative, or his pro\ider; 
or if additional information is requested by 
the entity, no later than two business days 
after receipt by the entity of such informa- 
tion; and that if the entity fails to meet such 
deadline, the review requirement for the 
specific request shall be waived; 

(5) a pro%'ision for notification to providers and 
insureds of the review requirements; 

(6) usual total length of stay authorized for the 
health care service or treatment; 

(7) a provision for notification to pro\'iders and 
insureds that compliance with re\iew re- 
quirements is not a guarantee of benefits or 
pa\mcnt under the health benefit plan; and 

(8) pohcies and procedures designed to ensure 
confidentiality of insureds' medical records 
and personal information in accordance with 
11 NCAC 12 .0911(d). 

Statutory Authority G.S. 5S-50-60. 

.0905 I TII.IZATION REMEW PLAN 

(a) Fvers' payer subject to this Section shall, 
at the request of the Commissioner, make avail- 
able to the Commissioner an onsite inspection 
of the plan that is used by an entity with which 
it contracts or that is used b\' the payer. 

(b) l:\er\ plan shall contain: 

(1) specific standards and procedures to be 
used in review determinations; 

(2) a provision that review determinations of 
health care shall onl\ be made in accord- 
ance with this Section; 

(3) assurances that the standards and criteria 
to be applied in re\iew determinations are 
established with input from providers re- 
presenting major areas of specialty and 
certified by the boards of the various 
/Vmerican medical specialties. The entity 
shall pro\ide the Commissioner with a list 
of such representati\es and their major 
areas of specialty upon request; 

(4) that any noncertification shall be reviewed 
in accordance with 11 NCAC 12 .0914. 

Statutoiy Authority G.S. 58-50-60. 

.0906 MIMMLM STANDARDS FOR 

LTILIZ.UION REMEW ENTITIES 

(a) Each entity shall apply professionally de- 
veloped norms of care, diagnosis, and treatment, 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



800 



PROPOSED RULES 



that were established in accordance with 1 1 
NCAC 12 .0905(3). 

(b) .Any determination by an entity as to the 
appropriateness or necessity of an admission. 
scr\ice. or procedure shall be reviewed by a pro- 
vider or determined in accordance with standards 
or guidelines approved by a provider. 

(c) Each entity shall make arrangements to use 
the ser\'ices of pro\'iders who are specialists in the 
\'arious categories of health care on "per need" 
or "as needed" bases. 

(d) Each entity shall have available the sen. ices 
of sufficient numbers of registered nurses, med- 
ical record technicians, or similarly qualified per- 
sons, supported by a pro\ider. to earn' out its 
re\iew determinations. 

(e) Before rendering a noncertification, each 
entitv shall review the information provided to 
the entity m accordance with 1 1 NCAC 12 .0908. 

(f) No provider shall re\ie\v health care pro- 
vided to an insured if he was directly responsible 
for pro\ iding such health care in or by an insti- 
tution, organization, or agency, in which he or 
an\ member of his family has, directly or indi- 
rectly, a significant fmancial interest. Eor the 
purpose of tliis Rule, a health care pro\ider's 
family includes only his spouse, other than a 
spouse who is legally separated from him under 
a decree of divorce or separate maintenance; 
children, including legall\ adopted children: 
grandchildren; parents; and grandparents. This 
Paragraph does not apply to H.MOs. 

Statutoty Authority G.S. 5S-50-60. 

.0907 .VCCtSSIBlLITV 

An entity shall provide free telephone access to 
insureds and pro\ iders at least 40 hours per week 
dunng nomial business hours. Payers using en- 
tities located outside of the eastern time zone 
must pro\ide insureds ad\ance written notifica- 
tion of the eastern time hours during which those 
entities are accessible; provided that such hours 
shall be no less than 40 hours per week. It is the 
rcsponsibilit\- of the entity to install and maintain 
an adequate telephone s\ stem and equipment. 
/Vn adequate telephone s\stem must include, 
among other features, the abilities to monitor 
downtime in the telephone s\stem. to track lost 
calls, and to accept and record incoming calls 
outside of normal business hours or provide ad- 
equate instructions about when the information 
can be accepted. The Commissioner may deter- 
mine, upon written request by the entity, that 
other telephone systems are adequate in special 
circumstances if the cntit\ makes a written re- 
quest for such determination and pays the ex- 



penses incurred by the Commissioner in making 
the determination. 

Statutory Authority G.S. 58-50-60. 

.0908 ST.\ND.\RD D.\T.\ F.LEMKNTS 

(a) The information required by an entity, 
whether transmitted electronically, by telephone, 
by mail, or otherwise, shall routinely be limited 
to those data elements listed in Paragraph (bj of 
this Rule. Additional information shall only be 
required when special circumstances warrant. 
.Additional information shall not be requested 
that is unnecessarv-, duplicative, or unduly bur- 
densome; nor shall such additional information 
be requested solely for the purjiose of delay. 

(b) The Commissioner shall prescribe data el- 
ements that contain the information that may be 
elicited by entities from providers and insureds in 
performing re\iew. The data elements shall 
comprise and co\'er specifics for the following 
general information: 

(1) patient information, including full name, 
address, date of birth, gender, social secu- 
ritv or ID number, and name of paver per 
IE) card: 

(2) insured information if different from pa- 
tient, including full name, address, social 
security or ID number, relation to patient, 
employer, health benefit plan, group, or 
ID number, and other coverage: 

(3) attending pro\ider information, including 
full name, address, telephone, degree and 
specialtv. tax ID number, and provider. 
HMO or PPO number: 

(4) clinical information, including primar\' di- 
agnosis and ICD DSM codes, secondarv' 
diagnoses, discipline diagnosis, 
procedure(s) or treatment(s). second 
opinion requirement if any. and second 
opinion waiver if any: 

(5) clinical information to support appropn- 
ateness and le\'el of sen.'ice requests, such 
as II and P. lab. or medical record doc- 
umentation, and any discharge planning; 

(6) resources, including facility type, name, 
address, and telephone, any surgical as- 
sistant information, anesthesia if any. ad- 
mission date, procedure date, and 
requested length of stay; and 

(7) continued stay if any, including date, entit\ 
contact. pro\ider contact, additional da>s 
or \isits requested, reasons for extension, 
diagnosis, treatment plan. 

Slatutoiy Authority G.S. 58-50-60. 

.0909 MHDIC.VL CRHKKI.\ 



SOI 



5:12 SORTH CAROLISA REGISTER September 14, 1990 



PROPOSED RULES 



Utilization review decisions shall be made in 
accordance with accepted current medical criteria 
that are established in accordance with 1 1 NCAC 
12 .0905(3), taking into account special circum- 
stances of each case that may require a deviation 
from the norm stated in the medical criteria. 
Criteria must be objective, clinically valid, com- 
patible with established principles of health care, 
and flexible enough to allow deviations from 
norms when justified on case-by-case bases. 

Statutory Authority G.S. 5S-50-60. 

.0910 NONCERTIFIC.\TIO\ 

Notification of a noncertification shall include 
the type of re\'iew performed, the clinical reason 
for noncertification, any optional length or type 
of treatment that the entity deems to be appro- 
priate, and the opportunity for an appeal pursu- 
ant to 1 1 NCAC 12 .0914. No entity shall render 
a noncertification unless it has made a good faith 
attempt to obtain information from the provider 
in accordance with 11 NCAC 12 .0908. 

Statutoiy Authority G.S. 5S-50-60. 

.091 1 KMKRGFNCIKS; WAIVERS; 

tXIENSIONS; CONHDEM lALITY 

(a) For emergency health care, authorization 
may be requested by the insured, his represen- 
tative, or his provider either within 48 hours of 
or by the end of the first business day following 
the rendering of the emergency health care, 
whiche\'er is later. 

(b) In cases in which an insured's medical 
condition renders him unable to comply with re- 
view requirements, such requirements shall be 
waived. 

(c) /Vn entity shall promptly review a request 
from the insured, his representative, or his pro- 
vider for an extension of the original approved 
duration of health care or hospitalization. If the 
entity fails to confirm that termination of health 
care or hospitalization will occur on the original 
date authorized, the entity shall retrospectively 
review whether the extension of health care or 
hospitalization was medicaUy appropriate. 

(d) liach entity shall develop written proce- 
dures to protect the confidentiality of medical 
record information and personal mlbrmation, as 
those terms are defined in G.S. 58-39-15. 

Statutori- Authority G.S. 5S-50-60. 

.0912 EDLC.UION OF INSl REDS ABOUT 
REMEW REQl IREMENTS 

Ever\' pa\'er that requires re\iew shall institute 
a program of education to inform insureds about 



the requirements of review, beginning on or be- 
fore the date the review program is in effect. 
Every contract between an entity and a payer 
shall specify the party responsible for all educa- 
tional programs, the content of such programs, 
and the frequency at which such programs shall 
be conducted. Records of educational programs 
shall be retained for a period of three years for 
inspection by the Commissioner. 

Statutory Authority G.S. 5S-50-60. 

.0913 IDENTIFICATION CARDS, 

CERTIFICATES, AND BOOKLETS 

The requirement that utilization review must 
be performed shall be provided on every health 
benefit plan identification card, certificate, and 
benefit booklet. The insured must also receive 
utilization re%'iew Lnformation in either the cer- 
tificate or benefit booklet that Includes address, 
telephone number, hours of accessibility pursu- 
ant to 11 NCAC 12 .0907, and appeals proce- 
dures. The identification caird must include the 
entity's name and telephone number and op- 
tional number or numbers. 

Statutory Authority G.S. 58-50-60. 

.0914 APPEALS OF NONCERTIFIC.VTION 

(a) Each entity shall establish an appeals com- 
mittee to reconsider any noncertification that is 
appealed by an insured, his representative, or his 
pro\lder. Except as provided in Paragraph (f) 
of this Rule, notification of the results of the ap- 
peal process shall be provided to the appellant 
no later than 30 days after the date the appeal is 
made, and shall be in writing if so requested. 

(b) The appeals committee shall either: 

(1) comprise at least one health care provider 
who is certified or licensed in the same 
health care categop,' as the provider that 
renders or proposes to render health care 
to the insured or who is skilled in that 
health care categor\-; or 

(2) have access to and discuss the specific ap- 
peal with area providers who are certified 
or licensed in that health care category. 

(c) Except as pro\ided in Paragraph (f) of this 
Rule, a decision shall be communicated to the 
appellant with supporting medical reasons for the 
noncertification decision no later than fi\e busi- 
ness days after the decision on the appeal. The 
decision shall be in writing if so requested. 

(d) The entity shall provide an opportunity for 
the appellant to present additional e\idence for 
consideration by the appeals committee. Before 
rendering a fuial decision, the committee shall 
re\iew the pertment medical records of the 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



802 



PROPOSED RULES 



insured's provider and the pertinent records of 
any facility in which health care is provided to 
the insured. 

(e) In the appeals process, due consideration 
shall be given to the availability or nonavailabil- 
ity of optioned health care services proposed by 
the entity and any hardship imposed by the op- 
tional health care on the patient and his imme- 
diate tamily. 

(f) When an insured, his representative, or his 
provider requests an expedited appeal, the entity 
must make such appeal proceeding available 
within 72 hours after the request and make deci- 
sions no later than one business day after receipt 
by the entity of all necessar\' information. An 
expedited appeal may be requested only when the 
regular appeals process will cause a delay in the 
rendering of health care that would be detri- 
mental to the health of the insured. 

(g) The appeals process descnbed in this Rule 
does not apply to any noncertification rendered 
solely on the basis that a health benefit plan does 
not pro\ide benefits for the health care performed 
or being requested. 

Statutory Authority G.S. 5S-50-60. 

.0915 RKCOKDS; KXAMINA I IONS; 
IK.I KIMIONK .\l l)HS 

(a) \Vhene\cr the Commissioner deems it to 
be prudent for the benefit of insureds, providers, 
or payers, he or any person he designates may 
\'isit and examine the affairs of any entity to de- 
termine if the entity is in compliance with this 
Section or with any orders that are issued pursu- 
ant to this Section. The Commissioner may also 
conduct a telephone audit of an entity through a 
person designated by the Commissioner, through 
a telephone utility, or both. 

(b) r:ver>' entity subject to this Section shall 
maintain or cause to be maintained, in writing 
and at a location to be specified to the Commis- 
sioner, records of review procedures; the health 
care qualifications of the entity's staff; the criteria 
used by the entity to make its decisions; a record 
of re\'icw complaints received; a record of the 
number and type of noncertifications; a record 
of the number and outcome of any appeals; the 
procedures to ensure confidentiality of medical 
records and personal information; and a list of 
clients. Records shall be retained or caused to 
be retained by the payer for a period of three 
years. 

Statutory Authority G.S. 58-50-60. 

.0916 I'ROIIIBUKD .\cis 



(a) No entity shall authorize, allow, commit, 
offer, or undertake to offer any breach of 
confidentiality of an insured's medical records or 
personal information, including the disclosure or 
publication of individual medical records or any 
other confidential medical information. 

(b) No payer shall reimburse any entity solely 
on the basis of: 

(1) amounts or expenditures saved or reduced 
by the entity; 

(2) promises by the entity to reduce health 
care expenditures by certain amounts or 
percentages; or 

(3) business plans or utilization plans targeting 
overall cost reductions by an entity. 

Statutory Authority G.S. 5S-50-60. 

.0917 KKPOKl ON UTILIZATION REVIEW 
EXPERIENCE 

On or before April 1 of each year, ever>' payer 
subject to this Section shall file or cause to be 
filed a report with the Commissioner, which re- 
port covers review performed for or by the payer 
during the preceding calendar year and includes 
the following: 

( 1) the number and type of reviews performed; 

(2) the results of the reviews and whether ben- 
efits were denied or reduced by the payer; 

(3) the number and results of any appeals un- 
der 11 NCAC 12 .0914; 

(4) any complaints filed in any court stating a 
cause of action arising out of the perfonn- 
ance of review; and 

(5) a record of any complaints received about 
the performance of review. 

Statulon Authority G.S. 5S-50-60. 



Jyoticc i.s hereby given in accordance with G.S. 
I50B-1 2 that the N.C. Department of Insurance 
intend.s to adopt nde(s) cited as 1 1 XCAC 12 
.1016. 

1 he proposed effective date of this action is 
February I. 1991. 

1 he public hearing will be conducted at 10:00 
a.m. on October 22. 1990 at the 3rd Floor Hearing 
Room. Dobbs Building, 430 K. Salisbuiy Street, 
Raleigh. ,V. C. 2761 L 



Co 



ommcnt Procedures: Written comments may 
be .sent to Fheresa Shackelford. P. O. Box 263S7, 
Raleigh, A'.C 276//. Oral presentations may be 



S03 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



PROPOSED RULES 



made at the public hearing. Anyone having 
questions should call Theresa Shackelford at 
(919) ^33-5060. or Ellen K. Sprenkel at i9/9j 
733-froO. 



SECTION .1000 - LONG TERM CARE 
INSLRANCE 

.1016 J'ERMITTED COMPENSATION 
ARRANGEMENTS 

(al As. used m this Rule: 

(1) "Compensation" means consideration or 
remuneration of any kind relating to the 
sale or renewal of a policy, including but 
not limited to commissions, bonuses, 
giits, prizes, or awards. 

(2) "PoIicn" includes a certificate. 

(3) "Representati\e" includes an agent, gen- 
eral agent, manager, broker, or other pro- 
ducer. 

(b) .-\ person may proside compensation to a 
rcprescntali\c for the sale of a policy onlN" if the 
compensation for the first year or period is no 
more than two hundred percent of the compen- 
sation pro\ided m the second \ear or period. 

|c| The compensation pro\ided in subsequent 
renewal \ ears or periods must be the same as that 
pro\ided m the second \ear or period and must 
be pro\ide for not less than four subsequent re- 
newal > ears or periods. 

(d) If a polic\ is replaced, no person shall pro- 
\ ide and no representati\e shall recei\e compen- 
sation greater than that pa\able b\ the replacing 
insurer on renew al policies. 1 his Paragraph does 
not appK if the benefits of the replacement poUc\' 
are clearly and substantially greater than the 
benefits of the replaced polic\ . 

(e) Each insurer shall establish marketing pro- 
cedures that set forth a mechanism or formula for 
dctemiinmg whether replacement policies con- 
tain benellts clearh and substantially greater than 
the benetlls of replaced policies. 

Siatuton Authority G.S. 3S-2-40: 5S-55-30. 

TITLK 1-»A - DKPAR IMENT OF CRIME 
CONTROL AND PI BLIC SAFETY 

l\ otice is hereby gr^en in accordance with G.S. 
I SOB- J 2 that the Department of Crime Control 
and Public Safety. Dhision of State Higlnvav Pa- 
trol intends to amend nde. s ' cited as 14 A SCAC 
9H .040:. .0~04. 



J he public hearing will be conducted at 10:00 
a.m. on October 17, 1990 at the Library, Second 
Floor. .Archdale Building, 512 S. Salisbury Street, 
Raleigh, SC 2^611. 

{^ omment Procedures: Any interested person 
may present comments relevant to the action pro- 
posed at the public hearing either in writing or oral 
form. H'ritten statements not presented at the 
public hearing may be directed prior to the hearing 
to Wanda D. Goodson, Administrati\e Procedures 
Coordinator, First Floor. Archdale Building. 512 
S. Salisbury Street, P.O. Box 2768^, Raleigh, \C 
2^6/J-^6S7. 

CHAPTER 9 - STATE HIGH^^ AV PATROL 

SLBCHAPTER 9H - ENFORCEMENT 
REGLLATIONS 

SECTION .0400 - TRAFFIC ACCIDENT 
INNESTIGATION 

.0402 ACCIDENT REPORT COPIES 

(a| Fxc ^ pt a* authorii'.od bv ^4** Patrol 
Conimund e r. m ^ mbLTO • jhali He4- pormit copying 
»f reproducing €*f uccidcjnt roporto at- district 
houdquurtoro tvf uthor patrol inC ' talkitionL i b+rt 
vhall dirucl aW requ>?; . t ' j te Ae tralfic rocoidn sh?^- 
tion. di' i ii . ion »f motor VL'hiclo ' j. Dopartmont »f 
I ran; . portation Traffic accident reports mav be 
reproduced at^ distnct headquarters or other Pa- 
trol in>tallalions that have the requested report 
on tile . 

(b) .Accident reports shall be under the control 
of the district sergeant and shall not be remo\ed 
from the district office except by patrol members 
for official purposes. Reproduced copies mav 
be pro\ided upon request in accordance with 
Directne 31. 

(ci Nothing m this Regulation shaU prohibit 
members from using accident reports to release 
authorized information to the news media. 



Slatutoiy .Authority G.S. 
20-ISS:'20-l66./.' 



20-/S4: 20-/S5: 20-18' 



SECTION .0700 



LSE OF PinSICAL FORCE: 
FIREARMS 



1 he proposed effectht 
.lanuan- /, 1991. 



date of this action is 



.0704 IN\ESTIGAT10N AND REPORTING 
OF FIREARMS INCIDENTS 

(a) .-\ member shall immediateh' report to his 
immediate supervisor exers' use of a firearm in 
the performance of his duty not related to train- 
ing. The superN'isor shall carefull\' examine all 
the facts and circumstances surroundmg the inci- 
dent and determine compliance with patrol rules. 



5:12 .\ORTH CAROLIS.A REGISTER September 14, 1990 



804 



PROPOSED RULES 



directives, and procedures. A fuU wntten report 
of the incident and investigation shall be sent 
through channels to the Patrol Commander. 

(b) A member involved in » ohooting incident 
which ¥^ intentional t+f v . 'hich ro '. ult ' j ift injup/ »f 
propert; ! damage i. hall b^ placed wpt leave bwt- wtH- 
be allowed to talre annual e* si€4r loa' i o ponding 
a preliminar . ' ins or . tigation by b+& HfH4- 
commiuider- 1 hii . prehminars' in' i 'er . tieation c . hall 
be completed withm 4S hourf . . an intentional 
shooting incident which results in personal in|ur\' 
or property damage shall mTmediatelv be relie\ed 
from nonnal duty and assigned administratne 
duties bv the unit commander until completion 
ot^^ an in\ estigation and an administrative re\'ie\v. 
The unit commander shall complete an investi- 
gation and submit a written report (within 48 
hours if possible) through the chain of command 
to the Patrol Commander. A re\'ievv and re- 
commendation must be made bv each level in the 
chain of command. If the prehminarv' mvesti- 
gation discloses any irregularities regarding state 
or federal law or patrol policy, the member shall 
be suspended as provided in Subchapter 9D, 
Regulation .0202 of this Chapter. If the investi- 
gation does not disclose any irregularities, Ae 
member '. hall return to duty i+«4 ^. hall be credited 
fof am- annual leav e taken e* remiburr . ed fof pay 
1©^ during t+»e preliminapy in' i eotigation. the 
member mav be re-assigned to normal duty bv 
the Patrol Commander unless circumstances dic- 
tate otherwise. 



Stan/ton' Authoritv G.S. 
20-188.' 



20-/84: 20-185: 20-187: 



TITI.F. 15A DFPARTMF.Vr OF 

FM IRONMKM, UFAITIl, AND 

NAFl RAL RFSOl RCES 



lyotice is hereby given in accordance with G.S. 
I50B-I2 that the A'. C. Marine Fisheries Com- 
mission intends to adopt nde(s) cited as I5A 
SCAC 3J .0104 and 3L .0202. 

1 he proposed effective date of this action is 
.lanuaty L 1091. 



Tk 



he public hearing will be conducted at 7:00 
p.m. on October 18, 1990 at the Craxen Countv 
Courthouse. 302 Broad St.. Sew Bern, .VC 28560. 
Business Session will be October 19. 1990. at 9:00 
a.tn. at the .\C.\'B Building, 420 Favelteville 
Street .Mall. Ralei-^h. AC. 



c 



the hearing. Written comments are encouraged 
and may be submitted to the Marine Fisheries 
Commission, PO Box 769, Morehead City, NC 
28557. These written and oral comments must 
be received no later than 9:00 a.m., October 19, 
1990. 

CHAPIKR 3 - M.KKINE FISHFRIES 

SCBCHAPTFK 3J - NFTS, POTS. DREDGES, 
AND OIHER FISHING DEMCES 

SECTION .0100 - NET RLLES, GENERAL 

.0104 TR.WVL NETS 

(a) It is unlawful to use trawl nets for the taking 
of fuifish in internal waters, except that it shall 
be permissible to take or possess fmfish incidental 
to crab or shrimp trawling in accordance with the 
following Umitations: 

( 1 ) It is unlawful to possess aboard a vessel 
while using a trawl in Lntemal waters more 
than 500 pounds of fmfish may be taken 
and possessed while engaged in crab 
trawhng. 

(2) The Fisheries Director may, by procla- 
mation, close any area to trawling for 
specific time periods ui order to secure 
compliance of this Rule. 

(b) It is unlawful to use trawl nets: 

( 1 ) For the taking of oysters; 

(2) In .Albemarle Sound and its tnbutaries; 

(3) In that area of Shackleford Banks as de- 

scnbed m 15A NCAC 3R .0006. 

(c) Minimum mesh sizes for shrimp and crab 
trawls are presented in 15A NCAC 3L .0103 and 
.0202. 



Statutory .-iuthority G.S. 
/ 13-22/: /43B-289'4. 



//3-/34: //3-/82; 



'Omment Procedures: Comments and state- 
ments, both written and oral, may be presented at 



SLBCHAPTER 3L - SHRIMP, CRABS, AND 
LOBSTER 

SECTION .0200 - CRABS 

.0202 CRAB 1 RAWI ING 

(a) It is unlawful to take or possess aboard a 
\essei crabs taken by trawl in internal waters ex- 
cept in areas and during such times as the 
Fisheries Director may specify b\ proclamation. 

(b) It is unlawful to use any crab trawl with a 
mesh length of less than four inches for taking 
hard crabs. 

(c) It is unlawful to use trawls with a mesh 
length less than two inches or with a corkline 
exceeding 25 feet in length for taking soft or 
"peeler" crabs. The minimum corkline length 
shall not appl_\ m Dare County. 



S05 



5:12 NORTH C.iROLL\A REGISTER September 14, 1990 



PROPOSED RULES 



(d) It is unlawful to take crabs with trawls be- 
tween one hour after sunset on any Saturday and 
one hour before sunset on the following Sunday, 
except in the Atlantic Ocean. 

Statutory Authority G.S. 113-134; 113-182; 
113-221; I43B-2S9.4. 

****************** 



lyotice is hereby g'tven in accordance with G.S. 
I50B-I2 that the N.C. Marine Fisheries Commis- 
sion and N.C. Wildlife Resources Commission in- 
tends to adopt rule(s) cited as ISA NCAC 3Q 
.0107 - .0109 and .0202. 

1 he proposed effective date of this action is 
January 1 , 1991 . 

1 he public hearing will be conducted at 7:00 
p.m. on October 17 , 1990 at the Chowan County 
Courthouse, South Broad Street, Edenton, NC. 
Business Session will be October 19, 1990, at 9:00 
a.m. at the NCNB Building, 420 Fayetteville 
Street Mall, Raleigh, NC. 



Co 



-omment Procedures: Comments and state- 
ments, both written and oral, may be presented at 
the hearing. Written comments are encouraged 
and may be submitted to the Marine Fisheries 
Commission, PO Box 769, Morehead City, NC 
28557. These written and oral comments must 
be received no later than 9:00 a.m., October 19, 
1990. 

SLBCHAPTKR 3Q -JURISDICTION OF 
AGENCIES: CLASSIFICATION OF WATERS 

SECTION .0100 - GENERAL REGULATIONS: 
JOINT 



(a) It is unlawful to possess any striped bass 
or striped bass hybrid taken by any means 
which is less than 16 inches long (total 
length). 

(b) It is unlawful to possess more than three 
striped bass or striped bass hybrids taken 
by hook and line in any one day from 
joint waters. 

(c) It is unlawful to engage in net fishing for 
striped bass or striped bass hybrids in 
joint waters except as authorized by duly 
adopted rules of the Marine Fisheries 
Commission. 

(d) It is unlawful to possess striped bass or 
striped bass hybrids in the joint waters of 
Albemarle, Currituck, Roanoke, and 
Croatan Sounds and their tributaries, ex- 
cluding the Roanoke River, except during 
seasons as authorized by duly adopted 
rules of the Marine Fisheries Commis- 
sion. 

(e) It is unlawful to possess striped bass or 

striped bass hybrids in the joint waters of 
the Roanoke River and its tributaries in- 
cluding Cashie, Middle and Eastmost 
Rivers, except during seasons as author- 
b.ed by duly adopted rules of the Wildlife 
Resources Commission. 

(2) Lake Mattamuskeet 

(a) It is unlawful to set or attempt to set any 
gill net in Lake Mattamuskeet canals des- 
ignated as joint waters. 

(b) It is unlawful to use or attempt to use any 
trawl net or seines in Lake Mattamuskeet 
canals designated as joint waters. 

(3) Cape Fear River. It is unlawful to use or 
attempt to use any net or net stakes within 
800 feet of the dam at Lock No. 1 on the 
Cape Fear River. 



Statutory Authority G.S. 
I43B-289.4. 



113-132; 113-134; 



.0107 SPECIAL RULES: JOINT WATERS 

In order to effectively manage all fisheries re- 
sources in joint waters and in order to confer 
enforcement powers on both fisheries enforce- 
ment officers and wildlife enforcement officers 
with respect to certain regulations, the Marine 
Fisheries Commission and the Wildlife Re- 
sources Commission deem it necessary to adopt 
special regulations for joint waters. Such regu- 
lations supersede any inconsistent regulations of 
the Marine Fisheries Commission or the Wildhfe 
Resources Commission that would otherwise be 
applicable in joint waters under the provisions 
of 15A NCAC 3Q .0106: 

(1) Striped bass 



.0108 MANAGEMENT PL.\NS FOR 

STRIPED BASS IN JOINT WATERS 

In order to effectively manage recreational hook 
and line har%est in joint waters of the 
Albemarle- Roanoke stock of striped bass, the 
Marine Fisheries Commission and the Wildhfe 
Resources Commission deem it necessary to es- 
tablish two management areas for the joint wa- 
ters of the Albemarle Sound and the Roanoke 
River, along with their defmed tributaries. 1 he 
Wildlife Resources Commission shall have prin- 
cipal management responsibility for the stock 
when it is in the joint and inland fishing waters 
of the Roanoke River and its tributaries includ- 
ing Cashie, Middle, and Eastmost Rivers. The 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



806 



PROPOSED RULES 



Marine Fisheries Commission shall have princi- 
pal management responsibility for the stock in 
the remaining waters of the Albemarle, 
Currituck, Roanoke and Croatan Sounds and 
their tributaries, including joint and inland wa- 
ters. The annual quota for recreational harvest 
of the Albemarle- Roanoke striped bass stock 
shall be divided equally between the two man- 
agement areas. Each Commission shall develop 
a management plan for recreational harvest 
within their respective management areas. The 
management plan shall: 

(1) Be consistent with the guidelines established 
in the Atlantic States Marine Fisheries 
Commission Plan for Striped Bass. 

(2) /Vllow for hardest throughout the year. 

(3) Limit harvest to a one fish per person per 
day creel limit in areas for which no data 
collection program is ongoing. 

Statutory Authority G.S. 113-132; 113-134; 
143B-289.4. 

.0109 IMPLEMENTATION OF STRIPED 
BASS MANAGEMENT PL.VNS 
FOR RECREATIONAL FISHING 

The Marine Fisheries and Wildlife Resources 
Commissions shall implement their respective 
striped bass management plans pursuant to their 
respective rule making powers. To preser\'e ju- 
risdictional authority of each Commission while 
establishing a means to implement their man- 
agement plans, the Commissions find it necessar}' 
to create a means through which management 
measures can be implemented by a single instru- 
ment in each management area. 

(1) The exclusive authority to open and close 
seasons and areas, whether inland or joint 
fishing waters in the Roanoke River and its 
tnbutaries, shall be vested in the Wildhfe 
Resources Commission. The Wildlife Re- 
sources Commission shall initiate action to 
close the management area when 90 percent 
of the assigned quota has been taken. An 
instn,iment closing any management area in 
joint waters shall operate as and shall be a 
jointly issued instrument opening or closing 
seasons or areas to harvest in the Roanoke 
Ri\cr management area. 

(2) In the Albemarle Sound management area, 
the exclu5i\e authority to open and close 
seasons and areas, whether coastal or joint 
fishing waters shall be vested in the .Marine 
Fisheries Commission. The Marine 
Fisheries Commission shall initiate action to 
close the management area when 90 percent 
of the assigned quota has been taken. In the 
Albemarle Sound management area admin- 



istered by the Marine Fisheries Commission, 
an instrument or action by the Marine 
Fisheries Commission affecting the harvest 
in joint and coastal waters, excluding the 
Roanoke River management area, shall au- 
tomatically be implemented and effective as 
a Wildlife Resources Commission action in 
the inland waters and tributaries to the wa- 
ters affected. 

Statutory Authority G.S. 113-132; 113-134; 
113-182; 1 43 B- 289. 4. 

SECTION .0200 - BOUNDARY LINES: 
COASTAL-JOINT-INLAND FISHING WATERS 

.0202 DESCRIPTIVE BOUNDARIES FOR 

COASTAL-JOINT-INLAND WATERS 
Descriptive boundaries for Coastal- Joint- Inland 
Waters referenced in 15A NCAC 3Q .0201 are 
as follows: 
(1) Beaufort County 

Pamhco-Tar River Inland Waters 

- -above. Coastal 

- -Waters below 

— N and S RR 

- - bridge at 

- -- — Washington 

All Manmade 
tributaries, except Atlantic 

Intracoastal Waterway -- - --J 

Pungo River Inland Waters 

- above US 264 

--- bridge at 

-- Leech viUe, Joint 

Waters below 

US 264 bridge 

— at Lecch\ille 

- - - to Smith Creek, 

Coastal Waters 

below Smith 

- -Creek 

Flax Pond Bay C 

Upper Dower>' Creek I 

Lower Dower>' Creek — 1 

George Best Creek C 

Toms Creek - — C 

Pantego Creek 1 

Pungo Creek Inland Waters 

above. Coastal 

Waters below 

— - NC 92 bridge 

Vale Creek — I 

Scotts Creek - --I 

Smith Creek -— — 1 

Woodstock (Little) Creek I 

Jordan Creek — - I 

Satterwaite Creek I 



S07 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



PROPOSED RULES 



Wright Creek I 

North Creek J 

St. Clair Creek - I 

Mixons Creek — I 

Bath Creek -- 1 

Duck Creek I 

Mallards Creek - 1 

Upper Goose Creek I 

Broad Creek 1 

Herring Run (Runyan Creek) 1 

Chocowinity Bay I 

Calf Tree Creek - I 

Hills Creek— - I 

Blounts Creek I 

Nevil Creek 1 

Barns Creek - I 

Durham Creek 1 

Lees Creek— I 

Hudies Gut — I 

South Creek Inland Waters 

above, Coastal 

Waters below 

Deephole Point 



Tooleys Creek 

Drinkwater Creek - 



Jacobs Creek - I 

Jacks Creek - I 

Whitehurst Creek I 

Little Creek I 

Short Creek— I 

Long Creek — - I 

Bond Creek - 1 

Muddy Creek — I 

Davis Creek I 

Strawhom Creek I 

Lower Goose Creek C 

Lower Spring Creek I 

Peterson Creek — 1 

Snode Creek 1 

Campbell Creek— Inland Waters 

- — — above, Coastal 

Waters below 

Smith Creek 

Smith Creek I 

Hunting Creek I 

(2) Bertie County 

Albemarle Sound - C 

All Manmade Tributaries C 

Roanoke River — Coastal Waters 

— - below US 258 

bridge to mouth 

Quinine - 

Wire Gut - 

Apple Tree Creek - 

Indian Creek 

Coniott Creek 

Conine Creek ^ C 

Old MUl Creek 1 



Cut Cypress Creek I 

Broad Creek I 

Thoroughfare C 

Cashie River Inland Waters 

— above Coastal 

Waters 

below San Souci 

ferry 

Cashoke Creek 1 

Moores Creek -- I 

Broad Creek - - —I 

Grinnel Creek - 1 

Middle River C 

Eastmost River - C 

Mud Gut — I 

Black Walnut Swamp -I 

-Salmon Creek I 

Chowan River Coastal Waters 

from confluence 

to US 17 bridge 

Barkers Creek 1 

Willow Branch - 1 

Keel (Currituck) Creek I 

(3) Bladen County 

Cape Fear River Inland Waters 

above Lock and 

~- Dam No. 1 Joint 

Waters below 

Lock and Dam 

No. 1 to old US 

- - 17-74-76 bridge 

at Wilmington 

Natmore Creek I 

(4) Brunswick County 

Calabash River and Tributaries C 

Saucepan Creek C 

Flat Marsh C 

Shallotte River - Inland Waters 

-- above, Coastal 

Waters below 

US- 17- 130 

Mill Dam Branch C 

Squash Creek - - C 

Mill Pond C 

Charles Branch Inland Waters 

— — —above. Coastal 

Waters below 

NC 130 bridge 

Grisset Swamp C 

Little Shallotte River 

and Tributaries C 

Lockwood Folly River —Inland Waters 

above, Coastal 

Waters below 

NC 211 bndge 

- -- at Supply 

Stanberry Creek — C 

Pompeys Creek — C 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



808 



PROPOSED RULES 



Maple Creek -— — C 

Ruby's Creek- - - C 

Big Doe Creek - - C 

Lermons Creek C 

Mercers Mill Pond Creek -Inland Waters 

above, Coastal 

- - \\'aters below 

— - Mm 

Elizabeth River - C 

Ash Creek C 

Beaverdam Creek C 

Dutchman Creek C 

Calf Gully Creek - C 

Jumpin Run — C 

Fiddlers Creek - C 

Cape Fear River Joint Waters 

- below Lock and 

- Dam No. 1 to 

- old US 17-74-76 

bridge at 

Wilmington 

- Coastal Waters 

— - below old 

US 17-74-76 

- bridge at 

- - Wilmington 



Carolina Power and Light 

Intake Canal C 

Walden Creek C 

Orton Creek - -- 

Lilliput Creek - 

Sandhill Creek 

Town Creek 

Mallor\' Creek-— 

Brunswick River 

Alligator Creek - 

Jackeys Creek 

Sturgeon Creek — — 

Cartwheel Creek 

Indian Creek 

Hood Creek - 

Northwest Creek 

(5) Camden County 

Albemarle Sound C 

.All Manmade Tributaries C 

Pasquotank River Inland \\'aters 

-- abo\e, Coastal 

Waters below 

US 158 bridge 

at Llizabeth City 

Raymond Creek -I 

Portohonk Creek I 

Areneuse Creek I 

North Ri\er Inland Waters 

- above. Coastal 

- - \\'aters below a 

- line from Long 

-Creek to Green 



Island Creek 

Wading Gut 

Little Broad Creek 

Broad Creek - 

Hunting Creek 

Abel Creek — 

Back Landing Creek 

Public Creek - 

Cow Creek - 

Great Creek — 

Indiantown Creek — 

(6) Carteret County 

Neuse River -C 

Adams Creek ---C 

Back (Black) Creek - C 

Cedar Creek C 

Garbacon Creek — C 

South River — Inland Waters 

above. Coastal 

Waters below 

the Forks 

Big Creek - C 

Southwest Creek — -C 

West Fork — 1 

East Fork 1 

Eastman Creek - - C 

Browns Creek - --- C 

North River and Tributaries C 

Panter Cat Creek C 

Cypress Creek - C 

Newport River Inland Waters 

above, Coastal 

Waters below 

the Narrows 

Core Creek - C 

Harlowe Creek C 

Bogue Sound and Tributaries — C 

WTiite Oak River Inland Waters 

- above. Coastal 

Waters below 

Grants Creek 

Pettiford Creek— Inland Waters 

above. Coastal 

- — \\'aters below 

NC 58 bridge 

Little Hadnotts Creek —I 

Hadnotts Creek Inland Waters 

- above, Coastal 

Waters below 

- NC 58 bridge 

Neds Creek - C 

Hunter Creek I 

(7) Chowan County 

Albemarle Sound C 

.-VU Manmade Tributaries — — C 

"^'eopim River Inland Waters 

above. Coastal 

- Waters below 



S09 



5:12 ^ORTH CAROLISA REGISTER September 14, 1990 



PROPOSED RULES 



Norcum Point 

Queen Anne Creek I 

Pollock Swamp (Pembroke Creek) — I 

Chowan River Coastal Waters 

from confluence 

—to US 17 bridge 

Rocky Hock Creek I 

Dillard (Indian) Creek - — I 

Stumpy Creek I 

Catherine (Warwick) Creek--- -I 

(8) Columbus County 

Cape Fear River - J 

Livingston Creek I 

Waymans Creek 1 

(9) Craven County 

Neuse River- Inland Waters 

- above Pitch 

- Kettle Creek 

--- Joint Waters 

below Pitch 

Kettle Creek to 

US 17 bridge 

- at New Bern 

- - - Coastal Waters 

below US 17 

— - bridge at 

— - New Bem 

Adams Creek C 

Back Creek C 

Courts Creek — I 

Long Branch - 1 

Clubfoot Creek C 

Gulden Creek C 

MitcheU Creek C 

Morton Mill Pond - - I 

Hancock Creek - 1 

Slocum Creek - I 

Scott Creek - I 

Trent River Inland Waters 

— - above, Joint 

--- Waters below 

Wilson's Creek 

Brice Creek — I 

Wilson Creek - 1 

Jack Smith Creek I 

Bachelor Creek --I 

Dollys Gut I 

Greens Thoroughfare -- --I 

Greens Creek - — I 

lurkey Quarter Creek 1 

Pitch Kettle Creek - 1 

Taylors Creek 1 

Pine Tree Creek I 

Stumpy Creek— - —I 

Swift Creek - 1 

Reels Creek I 

Mill Creek — I 



Duck Creek-— I 

Northwest Creek 1 

Upper Broad Creek Inland Waters 

above, Coastal 

Waters below 

,--- ---the Tidelands 

— — EMC power lines 

(10) Currituck County 

/Vlbemarle Sound - — C 

All Manmade Tributaries C 

North River — Inland Waters 

- - — above. Coastal 

Waters below a 

line from Long 

- Creek to Green 

- - Island Creek 

Duck Creek 

Bamett Creek -- 

Lutz Creek 

Goose Pond 

Deep Creek 

Narrow Ridges Creek 

Bump I anding Creek- 

Taylor Bay -.--C 

Intracoastal Waterway from 

Taylor Bay to 

Coinjock Bay - --C 

Indiantown Creek -I 

Currituck Sound — C 

All Manmade Tributaries — -C 

Coinjock Bay C 

Nelson (Nells) Creek I 

Hog Quarter Creek I 

Parkers Creek -- 1 

North. Landing River — - C 

Northwest River -— I 

Gibbs Canal I 

TuU Creek I 

West Landing — - 1 

(11) Dare County 

Alligator River Coastal Waters 

- below Cherry 

-— - Ridge Landing 

Whipping Creek - -I 

Swan Creek--- 1 

Milltail Creek - - -I 

Laurel Bay Lake (Creek) —I 

East Lake I 

Albemarle Sound - -C 

AH Manmade Tributaries — C 

Kitty Hawk Bay C 

Peter Mashoes Creek - --I 

Tom Mann Creek I 

Croatan Sound -C^ 

/Ml Manmade Tributaries - C 

Spencer Creek- 1 

Calahan Creek 1 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



SIO 



PROPOSED RULES 



Roanoke Sound C 

Buzzard Bay - C 

Pamlico Sound C 

Stumpy Point Bay C 

All Manmade Tributaries J 

Long Shoal River Inland Waters 

above, Coastal 

Waters below 

- US 264 bridge 

All Manmade Tributaries J 

Pains Bay - -C 

Pains Creek Inland Waters 

-- above, Coastal 

Waters below 

US 264 bridge 

Deep Creek Inland Waters 

above. Coastal 

Waters below 

US 264 bridge 

Currituck Sound -- C 

All Manmade Tributaries C 

Martin Point Creek 1 

(12) Gates County 

Chowan River — Coastal Waters 

- - below US 17 

- bridge 

Catherine (Warwick) Creek -I 

Bennetts Creek - I 

Beef Creek - I 

Sarem Creek - -- I 

Shingle (Island) Creek I 

Barnes Creek — I 

Spikes Creek 1 

Buckliom Creek (Run Off Swamp) --T 

Mud Creek -—I 

Somerton Creek 1 

(13) Halifax County 

Roanoke River Inland Waters 

--- -- — abo\e Coastal 

- Waters below 

US 258 bridge 

Kchukee Swamp 1 

Clarks Canal--- 1 

(14) Hertford County 

Chowan Riser - Coastal Waters 

below US 17 

_ bridge 

Keel (Currituck) Creek I 

Snake Creek - I 

Swain Mill (Taylor Pond) Creek I 

Goose Creek I 

Wiccacon River I 

Hodges Creek - -I 

Cathenne Creek I 

Harris (Hares) MiU Creek - —I 

Meherrin River C 

Potecasi Creek I 

Sallie Gut - T 



Mapleton Gut - 

Liverman Creek - - 

Vaughan's Creek 

Banks Creek 

Toms Gut 

Sudd Grass Creek — 

Forked Gut 

Riddicksville Gut — 

Buckhom Creek 

Warrens Gut 

(15) Hyde County 

Pamlico Sound C 

Pungo River Inland Waters 

--above US 264 

bridge at 

Leechville, Joint 

Waters below 

- -US 264 bndge 

—at Leechville 

to Smith Creek, 

- Coastal Waters 

below Smith 

Creek 

Rutman Creek I 

Wilkerson Creek 1 

Atlantic Intracoastal Waten'say 
from Wilkerson Creek to 
Alligator River at 

Winn Bay J 

Horse Island Creek I 

Tarkiln Creek I 

Scranton Creek Inland Waters 

- - —above, Joint 

Waters below 

US 264 bridge 

Smith Creek 1 

Fishing Creek I 

Slades Creek C 

Fortesque Creek C 

Rose Bay C 

Xeals Creek ---C 

Deep Creek - C 

Reden Creek C 

Rose Bay Creek C 

Rose Bay Canal Inland Waters 

-- - above. Joint 

\\'aters below 

- — -SR 1305 bridge 

Swan Quarter Bay— C 

Oyster Creek — C 

Juniper Bay — --- C 

Juniper Bay Creek —J 

Juniper Bay Creek Canal— I 

Lake Mattamuskcet - I 

Outfall Can;d Inland \\'aters 

above. Joint 

- Waters below 

- - US 264 bndae 



811 



5:12 \ORTH CAROLINA REGISTER September 14, 1990 



PROPOSED RULES 



Lake Landing Canal — Inland Waters 
above, Joint 

Waters below 

US 264 bridge 

Waupopin Canal Inland Waters 

- above, Joint 

Waters below 

SR 1311 bridge 

All other Manmade 
Tribut;iries to 

1 ake Mattamuskeet I 

Middletown Creek-- C 

Long Shoal River Inland Waters 

— above, Coastal 

-- Waters below 

US 264 bndge 

All Manmade Tributaries J 

Broad Creek -- - C 

Flag Creek - 1 

Cumberland Creek 1 

/Vlligator River Inland Waters 

- - -above Cherr>' 

- - -Ridge Landing, 

^--Coastal Waters 

- - -below Cherry 

— Ridge Landing 

Swan Creek and Lake - 1 

.Alligator Creek- — 1 

(16) Martin County 

Roanoke River C 

Pnccs Gut - I 

Rainbow Gut - I 

Conoho Creek - - I 

Sweetwater Creek - -I 

Peter Swamp - I 

Devils Gut - -C 

L'pper Deadwater - C 

I ower Deadwater C 

Gardner Creek - I 

Roses Creek — - I 

Welch Creek— — I 

(17) New Hanover County 

Cape Fear Ri\cr Joint Waters 

below Lock and 

Dam No. 1 to 

old US 17-74-76 

— - bridge at 

\^'ilmington Coastal 

Waters below 

- - - old US 17-74-76 

bridge at 

Wilmington 



Lords Creek --- 

lodds Creek 

Bamards Creek - - 

Greenfield Lake Outlet 

Tommer Creek 

Catfish Creek - 



Northeast Cape Fear River--Inland Waters 

- - above. Joint 

— --- ---Waters below 

NC 210 bridge 

Smiths Creek I 

Ness Creek - I 

Dock Creek— - 1 

Fishing Creek - - I 

Prince George Creek 1 

Sturgeon Creek - I 

Island Creek -— - I 

(18) Northampton County 

Roanoke River - - Inland Waters 

above US 258 

bridge Coastal 

Waters below 

— - —US 258 bridge 

Sandy Run (Norfleet Gut) I 

Graveyard Gut I 

(19) Onslow County 

Beasleys (Barlow) Creek C 

Kings Creek — C 

Turkey Creek - C 

Mill Creek - C 

New River Inland Waters 

- -- above. Coastal 

- Waters below 

—US 17 bndge at 

Jacksonville 

Wheeler Creek - C 

Everett Creek— - C 

Stones Creek C 

Muddy Creek - C 

Lewis Creek — - C 

Southwest Creek Inland Waters 

above. Coastal 

- Waters below 

Maple Hill 

(Maple) Landing 

Brinson Creek I 

Northeast Creek Inland Waters 

above. Coastal 

- Waters below 

railroad bndge 

Wallace Creek -Inland Waters 

- abo\e, Coastal 

- Waters below 

the first bridge 

upstream from 

the mouth 

Codels Creek - I 

French Creek I 

Duck Creek I 

Freeman (Browns) Creek C 

Bear Creek - C 

Queens Creek-— Inland Waters 

above. Coastal 

Waters below 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



S12 



PROPOSED RULES 



- - Frazicr's Landing 

Parrotts Swamp C 

Wlutc Oak River- Inland Waters 

- — above, Coastal 

- - --Waters below 

— --Grants Creek 

Ste\cns Creek -- C 

Holland Mill (Mill Pond) Creek C 

Webbs Creek — Inland Waters 

above, Coastal 

- Waters below 

-- — railroad bridge 

Frecmans Creek 1 

Calebs Creek — - I 

Grant's Creek I 

(20) Pamlico County 

Pamlico River - Inland Waters 

- - above. Coastal 

-- Waters below 

— R and S RR 

- bridge at 

--- - Washington 

Lower Goose Creek C 

Dixons Creek C 

Patons Creek - C 

Wilson Creek- - - — C 

Fastham Creek Inland Waters 

- - above. Coastal 

- Waters below 

— - - end of SR 1236 

I'pper Spring Creek C 

Intracoastal \\'aterway from 
L'pper Spring Creek 

to Gale Creek -^ C 

Oyster Creek - - - C 

Clark Creek- C 

Middle Prong - C 

James Creek - C 

Pamlico Sound — --C 

Porpoise Creek - - C 

Drum Creek--- - C 

Bay River Inland Waters 

above. Coastal 

- ---Waters below 

NC 55 bridge 

at Bayboro 

Gale Creek Inland Waters 

- — — above. Coastal 

\\'aters below 

— -NC 304 bndge 

Chadwick Creek C 

Bear Creek - - -C 

\'andemere Creek Inland \\'aters 

-- abo\e. Coastal 

Waters below 

-— NC 304 bridge 

Long Creek - — C 

Smith Creek - — - — C 



Chapel Creek — Inland Waters 

above, Coastal 

Waters below 

NC 304 bridge 

Raccoon Creek- C 

Trent Creek— —-Inland Waters 

above, Coastal 

- Waters below 

XC 55 bridge 

Thomas Creek — I 

Masons Creek - C 

Moore Creek C 

Rices Creek C 

Ball Creek-— C 

Cabin Creek C 

Riggs Creek C 

Spring Creek- C 

Long Creek -- - C 

Neuse River - Coastal Waters 

-—below US 17 

- -bridge at New Bern 

Swan Creek C 

Lower Broad Creek C 

Greens Creek C 

Pittman Creek- - C 

Burton Creek - C 

Brown Creek — -C 

Spice Creek C 

Gideon Creek --C 

Tar Creek — --C 

Parris Creek C 

Orchard Creek - - C 

Pierce Creek C 

Whitaker Creek - C 

Smith Creek J 

Greens Creek - J 

Kershaw Creek J 

Dawson Creek- Inland \\'ater5 

— above. Coastal 

- — Waters below 

end of SR 1350 

TarkHn Creek--- — I 

Gatlin Creek ---I 

Little Creek---- I 

Mill Creek I 

Beard Creek- - -Inland Waters 

--above. Coastal 

-Waters below 

— - -cndofSR 1117 

Lower Duck Creek- - - 1 

Goose Creek Inland Waters 

- above. Coastal 

— \\'ater5 below end 

— - - — of SR 1 1 10 

L'pper Broad Creek Inland Waters 

— ---above. Coastal 

- Waters below 

TidelandsFMC 



S13 



x-12 .\ORTH CAROLISA REGISTER September 14, 1990 



PROPOSED RULES 



power line 

(21) Pasquotank County 

Albemarle Sound — -C 

All Manmade Tributaries - C 

Little River - Inland Waters 

— above, Coastal 

Waters below 

a line from 

Manston Creek 

to Davis Creek 

Symonds Creek — 1 

Manston Creek — -I 

Big Flatty Creek Inland Waters 

- - - above, Coastal 

-- Waters below 

- a line from 

I ong Point 

— to Folly Creek 

Marsh Landing 1 

Folly Creek - I 

Pasquotank River Inland Waters 

above, Coastal 

Waters below 

US 158 bridge 

at Elizabeth City 

Little Flatty Creek 1 

New Begun Creek Inland Waters 

— above, Coastal 

- Waters below a 

- line from the 

— mouth of Paling 

- - Creek to the 

mouth of James 

- Creek 

Paling Creek — - 1 

James Creek I 

Charles Creek — — -I 

(22) Pender County 

Cape Fear River J 

Thoroughfare - I 

Black River Inland Waters 

— - - above, Joint 

— Waters below 

- the point where 

- the Thoroughfare 

- joins the 

--Black River 

-Inland Waters 
-above, Joint 
-Waters below 
-NC 210 bridge 



Northeast Cape Fear River 



Cowpcn Creek -- 

Long Creek- 

Turkey Creek — 

Old Creek 

Honey Creek — 
Harrisons Creek- 
Island Creek 



Topsail Sound and Tributaries C 

Beasleys (Barlow) Creek — C 

(23) Perquimans County 

Albemarle Sound - — C 

All Manmade Tributaries C 

Yeopim River Inland Waters 

above, Coastal 

— Waters below 

— - - Norcum Point 

Yeopim Creek — — I 

Perquimans River Inland Waters 

above. Coastal 

- - Waters below old 

- - US 17 bridge 

at Hertford 

Walter's Creek - I 

MiU Pond Creek — - I 

Suttons Creek - -I 

Jackson (Cove) Creek I 

Muddy Creek — - I 

Little River -Inland Waters 

above, Coastal 

— - Waters below 

— -- --a line from 

- Manston Creek 

- - to Davis Creek 

Deep Creek — I 

Davis Creek 1 

(24) TyrrcU County 

Albemarle Sound - — C 

All Manmade Tributaries — C 

Scuppemong River Inland Waters 

above, Coastal 

- Waters below 

First (Rider's) 

Creek 

First (Rider's) Creek - I 

Furlough Creek — I 

Alligator River Inland Waters 

above Coastal 

Waters below Cherry 

Ridge Landing 

Little AUigator River 1 

Second Creek - 1 

Goose Creek I 

The Frying Pan — C 

Gum Neck Landing Ditch I 

(25) Washington County 

Albemarle Sound-- C 

All Maimiadc Tributaries C 

Roanoke River Coastal Waters 

- below US 258 

- - — bridge 

Conaby Creek — 1 

Mackeys (Kendrick) Creek I 

Pleasant Grove Creek 

(Cherr>' Swamp) — - I 

Chapel Swamp Creek - I 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



814 



PROPOSED RULES 



BuU Creek — -- I 

Deep Creek - I 

Banton (Maybell) Creek — I 

Scuppcmong Ri\er I 

Stdtuton- Authoriiy G.S. 113-132; 113-134; 
143B-2S9.4. 



****************** 



No 



otice is hereby gh-en in accordance iv/V/i G.S. 
150B-12 that the S.C. Wildlife Resources Com- 
mission intends to amend and adopt ndei's) cited 
as 15.4 \C.4C IOC .010^, .0110 and .0111. 



Th 



he proposed effecti\-e date of this action is 
January 1, 1991. 

1 he public hearing will be conducted at ".-jO 
p.m. on October /", 1990 at the Swain .Audito- 
rium, Edenton. .\orth Carolina. 



Cc 



omment Procedures: Interested persons may 
present their vie^vs either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from Oc- 
tober 2. 1990 to November 1 , 1990. Such written 
comments must be deH\-ered or mailed to the S.C. 
Wildlife Resources Commission, 512 S. Salisbury 
Street. Raleigh. \C 2''602-1188. 

CHAPTER 10 -WILDLIFE RESOLRCES AND 
W ATER SAFELY 

SLBCH AFTER IOC - INLAND FISHING 
REGULATIONS 

.0107 SPECIAL REGULATIONS: JOINT 
^^ATERS 

In order to efrecti\ely manage all fisheries re- 
sources in joint waters and in order to confer 
enforcement powers on both fisheries enlorce- 
ment officers and wildlife enforcement officers 
with respect to certain regulations: the Marine 
Fisheries Commission and the Wildlife Re- 
sources Commission deem it necessar\' to adopt 
special regulations for jomt waters. Such regu- 
lations supersede any inconsistent regulations of 
the Marine Fisheries Commission or the Wildlife 
Resources Commission that would otherwise be 
applicable in joint waters under the pro\isions 
of 15A NCAC IOC .0106: 
( 1 ) Stnped Bass 
(a) It shall be unlawful to possess any striped 
bass or striped bass h>'bnd taken by any 
means which is less than 16 inches long 
(total length). 



(b) It shall be unlawful to possess more than 
three striped bass or their hybrids taken 
by hook and line in any one day from 
joint waters. 

(c) It shall be unlawful to engage in net fishing 
for striped bass or their hybrids in joint 
waters except as authorized by duly 
adopted regulations of the Marine 
Fisheries Commission. 

(^ It is unlawful to possess striped bass or 
striped bass hybrids iri the joint waters of 
rVlbemarle. Cumtuck. Roanoke and 
Croatan Sounds and their tributaries, ex- 
cluding the Roanoke Ri\er. except during 
seasons as authorized bv duh' adopted 
rules of the Manne Fishenes Commis- 



(2) 
(a) 



fb) 



(3) 



sion. 

It is unlawful to possess striped bass or 
stnped bass hybrids in the joint waters of 
the Roanoke Riyer and its tnbutaries. in- 
cluding Cashie. Middle and Eastmost 
Ri\ers. except during seasons as author- 
ized by duly adopted rules of the Wildlife 
Resources Commission. 
Lake Mattamuskeet 
It shall be unlawful to set or attempt to 
set any gUl net in Lake Mattamuskeet 
canals designated as joint waters. 
It shall be unlawful to use or attempt to 
use any trawl net or seines in Lake 
Mattamuskeet canals designated as joint 
waters. 

Cape Fear Riyer. It shall be unlawful to 
use or attempt to use any net or net stakes 
within SOO feet' of the dam at Lock No. 1 
on Cape Fear Riyer. 



Statutor\- Authority G.S. 113-132: 113-134; 
113-I3S; 113-292. 

.0110 M.\NAGEMENT PL.\NS FOR 

STRIPED B.\SS IN JOINT WATERS 

In order to effectiyely manage the recreational 
hook and line han-est in joint waters of the 
.AJbemarle-Roanoke stock of striped bass, the 
Marine Fisheries Commission and the \\'ildlife 
Resources Commission deem it necessar,' to es- 
tablish two management areas for the joint wa- 
ters of the .-Vlbemarle Sound and the Roanoke 
Riyer. along with their defined tributaries. The 
Wildlife Resources Commission shall haye prin- 
cipal management responsibility for the stock 
when it is in the joint and inlaiid fishing w^aters 
of the Roanoke Riyer and its tributaries, includ- 
ing Cashie. .Middle and Fastmost Rivers. Ihe 
Marine Fisheries Commission shall haye princi- 
pal management responsibility for the stock in 
the remaining waters ot the .Albemarle. 



S15 



5:12 SORTH CAROLISA REGISTER September 14, 1990 



PROPOSED RULES 



Currituck, Roanoke and Croatan Sounds and 
their tributaries, including joint and inland wa- 
ters. The annual quota for recreational han'est 
of the /Vlbemarle- Roanoke striped bass stock 
shall be divided equally between the two man- 
agement areas. Each Commission shall develop 
a management plan for recreational harvest 
within their respective management areas. The 
management plans shall: 

( 1 ) Be consistent with the guidelines established 
in the Atlantic States Marine Fisheries 
Commission Plan for Striped Bass. 

(2) Limit harvest to a one fish per person per 
day creel limit in areas for which no data 
collection program is ongoing. 

Statutory Authoritv G.S. 113-132; 113-134: 
I13-I3S; 113-292. 

.01 1 1 IMPLEMKNT.VriON OF STRIPED 
BASS MANAGEMENT F'LAN FOR 
RECREATIONAL FISHING 

The Marine Fisheries and WUdlife Resources 
Commissions shall implement their respective 
striped bass management plans for recreational 
fishing pursuant to their respective rule making 
powers. To preserve' jurisdictional authority of 
each Commission while establishing a means to 
implement their management plans, the Com- 
missions finds it necessary to create a means 
through which management measures can be 
implemented by a single instrument in each 
management area. 

(1) In the Roanoke River and tributaries, the 
exclusive authority to open and close sea- 
sons and areas, whether Inland or joint fish- 
ing waters, shall be vested in the Wildlife 
Resources Commission. The Wildlife Re- 
sources Commission shall initiate action to 
close the management area when 90% of the 
assigned quota has been taken. An instru- 
ment closing any management area in joint 
waters shall operate as and -shall be a jointly 
issued instrument opening or closing seasons 
areas to harvest in the Roanoke River man- 
agement area. 

(2) In the Albemarle Sound management areas, 
the exclusive authority to open and close 
seasons and areas, whether coastal or joint 
fishing waters shall be vested in the Marine 
Fisheries Commission. The Marine 
Fisheries Commission shall initiate action to 
close the management area when 90% of the 
assigned quota has been taken. In the 
/Mbemarle Sound management area admin- 
istered by the Marine Fisheries Commission, 
an instrument or action by the Marine 
Fisheries Commission affecting the harvest 



in joint and coastal waters, excluding the 
Roanoke River Management area, shall au- 
tomatically be implemented and effective as 
a WUdlife Resources Commission action in 
the inland waters and tributaries to the wa- 
ters affected. 

Statutory Authority G.S. II3-I32; II3-I34; 
113-138: 113-292. 

ik-k-k-k-k-k-k^-k-k-k-k-k-k-k-k-k-k 



ly otice is hereby given in accordance with G.S. 
1 SOB- 12 that the Commission for Health Services 
and the Department of Environment, Health, and 
Natural Resources intends to amend rule(s) cited 
as ISA NCAC i3A .0009 -.0010. .0012; I3B .0101 
- .0103. .0201 - .0203, .0301, .0401, .0503 - .0504, 
.0506, .0508, .1105. .1202. .1204; 15A NCAC 21 B 
.0301 - .0306; adopt rule(s) cited as 15A NCAC 
13B .0901 - .0905; 15A NCAC 18 A .2801 - .2835. 

1 he proposed effective date of this action is 
February 1, 1991. 

1 he public hearing will be conducted at 10:00 
a.m. on October 16, 1990 at the Ground Floor 
Hearing Room, Archdale Building, 512 North 
Salisbury Street, Raleigh. North Carolina. 



Co 



omment Procedures: Any person may request 
copies of the proposed rules bv contacting John 
P. Barkley, DEHNR, P.O. Box 27687. Raleigh, 
NC 27611-7687, (919) 733-7247. Written com- 
ments on these rules may be sent to Mr. Barkley 
at the above address or submitted at the public 
hearing. If you desire to speak at the public 
hearing, notify Mr. Barkley at least 3 days prior 
to the public hearing. At the discretion of the 
Chairman, the public may also be allowed to 
comment on the rules at the Commission Meeting. 
Fiscal notes on applicable rules are available from 
Mr. Barkley. 

CHAPTER 13 - SOLID WASTE MANAGEMENT 

SUBCHAPTER 13A - HAZARDOUS WASTE 
MANAGEMENT 

.0009 STANDARDS FOR OWNERS/ 

OPERATORS OF IIWMF'S - PART 264 

[t] 40 CFR 264.1030 through 264.104Q (Sub- 
part lVi\), "Air Fmissicni Standards for Process 
\'ents". ha\e been adopted bv reference in ac- 
cordance with (i.S. 150B- 14(c). 

(jTl 40 CFR 264.1051) throudi 264.1079 (Sub- 
part BB), "Air Emission Standards for F'quip- 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



816 



PROPOSED RULES 



mcnt I caks". have been adopted by reference in 
accordance with GS 15nB- 14(c). 

(v) (+^ Appendices to 4U CI-R Part 264 have 
been adopted bv reference in accordance with 
G.S. 15(10-14(0).' 

Slanilory Authority G.S. 1 30.4-294(c). 

.0010 IM KKIM STAIl S S T.WD.ARDS FOR 
HWMF'S - PART 265 

(jQ 40 CIR 265.10.^0 through 265.1049 (Sub- 
part .A.A). • .\ir 1 mission .Standards tor Process 
Vents". ha\e been adopted bv reference in ac^ 
cordance with G.S. 15liIM4(c|. 



Lit 411 CPR 265.1i)5n throu-ih 265.1070 (Sub- 
part HBi. .Air 1 mission Standards tor {Equip- 
ment 1 eaks" ha\e been adopted bv reterence m 
accordance with G.S. 150B- 14(c). 



(1) (-f| .Appendices to 4U C'PR 265 ha\e been 
adopted b\ reference in accordance with G.S. 
150B- 14(c). 

Statutoiy .iuthority G.S. !30.-l-204(c). 

.0012 l.AMl DISPOSAL RKSTRICTIONS - 
PAR r 268 

(bj 40 CFR 268.30 through ii^S.-M 26S.35 
(Subpart Cl, "Prohibitions on I and Disposal", 
have been adopted bv reference in accordance 
with G.S. 150B- 14(c).' 

Statiitoty .Authority G.S. 130.4-2941 c). 

SI BCHAPTF.R 13B - SOLID \V.\STE 
MANAGFMLM 

SECTION .0100 - GENERAL PRO\ ISIONS 

.0101 DEFINLIIONS 

The detmitions in G.S. 130A-290 and the fol- 
lowing detlnitions shall appl_\ tliroughout this 
Subchapter: 

(54) '"Agricultural Waste" means waste mate- 



rials produced from the raising of plants and 
animals, mcludmg animal manures, beddmg. 
plant stalks, hulls, and \egetablc matter. 

(55) "[Jack\'ard Composting" means the on- 
site composting iM \ard \\'aste from residen- 
tial propertN bv the owner or tenant for 
non-commercial use. 

(56] "CompONl" means decomposed, humus- 
like organic matter, free from pathogens, ol- 
tensi\e odors, toxins or matenals harmtul at 
the point of end use, ('ompost is suitable 
for use as a soil conditioner mlh \ar^^mg 
nutneni \"alues. 



process of composting takes place, and 
where ra\s' and finished matenals are stored. 

(58) "Compost I'acilitv" means a solid waste 
facility which utilizes a controlled biological 
process ot degrading non-hazardous solid 
v^aste. A facility may include matenals 
processing and hauling equipment: struc- 
tures to control drainage: and structures to 
collect and treat leachate: and storage areas 
tor the incoming uaste. the tlnal products, 
and residual matenals. 

(59) "Composting" means the controlled de- 
composition ot organic waste bv naturally 
occumng bactena. Mclding a stable, humus- 
like. pathogen-free t'mal product resulting m 
\(^lume reduction of 30 - 75 percent. 

(60) "Cunng" means the final state of 
composting, after the ma|ont\ of the readUv 
metabolized matenal has been decomposed. 
in which the compost matenal stabilizes and 
dncs. 



(61) 



inorganic" means substances in which 



there arc no carbon-to-carbon bonds: min- 
eral matter. 

(62) "Organic Waste" means waste composed 
of matenals uhich contain carbon-to-carbon 
bonds and arc biodegradable, including pa- 
per, wood, food wastes, sard wastes, and 
other similar matenals. 

(63) "Pathogens" means organisms that are 
capable q\_ producing infection or diseases. 
often lound in waste matenals. 



(64) "Sih icullure Waste" means waste materi- 



( 57) "Composting Pad" means 



surfact 



whether soil or manufactured, where the 



als produced from the care and cultnation 
of forest trees, including bark and 
woodchips. 
(65) "Windrow " means an elongated compost 

Statutoiy .iuthority G.S. 130.4-294. 

.0102 APPLICABILITY 

These solid waste diopof ' Ql management rules 
are for general application throughout the State 
of North Carolina unless othenvise specifically 
indicated b\' their context. Rules found in Sec- 
tion .0700 of this Subchapter apply to the Di\'i- 
sion s program for soUd waste management and 
also to the Di\isions program for hazardous 
waste management. .-All other rules of this Sub- 
chapter apply to the Disision's program for solid 
waste management but not to the Division s 
program for hazardous waste management. 
Other hazardous waste management program 
rules are found in 10 NCAC lOF. The otTicial 
pohcy and purpose of the State of North 
Carolina in regard to soUd waste control is set 



csr 



5:12 yORTH CAROLiy.4 REGISTER September 14, 1990 



PROPOSED RULES 



forth in Article 9 of Chapter 130 A of the North 
Carolina General Statutes. 

Statutory Authority G.S. I30A-294. 

.0103 GENERAL CONDITIONS 

(c) Solid waste shall be disposed of at a solid 
waste disposal site in accordance with the Solid 
Waste Management Act and RCRA. the Fed- 
eral Act. Hazardous waste, lead acid batteries, 
hquid waste, including used oil, infectious waste, 
and any other wastes that may pose a threat to 
the envirormient or the public health, as deter- 
mined by the Division, are prohibited from dis- 
posal at a soUd waste disposal site. 

(g) White Goods shall not be disposed at a 
solid waste disposal site after J^ January, 1991. 

(h) By July 1, 1991, all sohd waste management 
facilities owned and operated b^ or on behalf of 
a local government, except facilities which wiU 
receive no waste after July J_^ 1992, shall install 
scales and weigh all solid wastes when it is re- 
ceived at the faculty. 

(ij By July 1, 1991, each local goverrmient op- 
erating a permitted sohd waste management fa- 
cility shall Initiate a solid waste recycling program 
which shall be designed to achieve the goal of 
recycling at least 25 percent of the municipal 
solid waste stream by January' j^ 1993, prior to 
fmal disposal or Incineration at a solid waste dis- 
posal facility. 

(i) After January j_^ 1"998, all active sanitary 
landfills (except demolition landfiUs) shall be 



equipped with liners, leachate collection systems 
and fmal cover systems. 

Statutory Authority G.S. 1 30 A- 294. 

SECTION .0200 - PERMITS FOR SOLID WASTE 
MANAGEMENT FACILITIES 

.0201 PERMIT REQUIRED 

(b) The permit shall have two parts, as follows: 

(1) A permit to oporato construct a sohd waste 

management facility shall be issued by the 
Division after site and construction plans 
have been approved and it has been de- 
termined that the facihty can be operated 
in accordance with the applicable rules set 
forth In this Subchapter and so as to pro- 
vide reasonable protection to the envi- 
ronment and the public health. An 
applicant shall not clear or grade land or 
commence construction for a sohd waste 
management facility until a construction 
permit has been issued. 

(2) A permit to operate a solid waste man- 
agement facihty ma\' not be issued unless 



it has been determined that the facility has 
been constructed in accordance with the 
construction permit, that any pre- 
operative conditions of the construction 
permit have been met, and that the con- 
struction permit has been recorded, if ap- 
phcable, in accordance with Rule .0204 
of this Section. 



Statutory Authority G.S. J30A-294. 

.0202 PERMIT APPLICATION 

(a) Application for permits required by Rule 
.0201 of this Subchapter should be forwarded to 
the SoUd Waste Branch, Division of Health Ser- 
vices, P.O. Box 2091, Raleigh, N.C. 27602. 
Permit apphcations shall contain the following 
Information: 

(1) Site and construction plans; 

(2) An approval letter from the unit of local 
government having zoning authority over 
the area where the facihty is to be located 
stating that the proposed facihty meets all 
of the requirements of the local zoning 
ordinance, or that the site is not zoned; 

(3) Detailed plans and specifications for sohd 
waste management faclhties (except dem- 
ohtion landfills) shall be prepared by a 
professional engineer. The plans shall 
bear an imprint of the registration seal of 
the engineer; and the geological study 
shall bear the seal of a hcensed profes- 
sional geologist, in accordance with 
N.C.G.S. Chapter 89E; aft4 

(4) A permit for a sohd waste disposal facihty 
issued on or after February J^ 1991, shall 
be issued only upon receipt of plans for 
the estabhshment by February V^ 1991 of 
a recychng program within the county 
where the facihty is to be located; and 

(5) f4^ Any other Information pertinent to the 

proposed facihty. 

Statutory Authority G.S. /30A-294. 

.0203 PERMIT APPROVAL OR DENIAL 

(e) When the Division denies a permit for a 
sohd waste management facihty, it shall state In 
writing the reason for such denial and shall also 
state its estimate of the changes in the apphcant's 
proposed activities or plans which will be re- 
quired in order that the apphcant may obtain a 
permit. A denial shall be without prejudice to 
the person's right to a hearing or for fihng a fu- 
ture request after revisions are made to meet ob- 
jections specified as reasons for denial. Reasons 
for denial are: 

(1) Submission of incomplete information; 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



818 



PROPOSED RULES 



(2) Failure to meet the requirements set forth 
in Sections .0300, .0400 and .0500 of this 
Subchapter applicable to the type of fa- 
cility applied for; or 

(3) The past conduct by the applicant, as de- 
fined in OS. 130A-309.06(b). which has 
resulted in repeated violations of solid 
waste management statutes, these Rules, 
or orders issued thereunder, or violations 
of permit conditions of a solid waste 
management facility located in this State; 
or 

(4) f^ i\ny other reasons which would prevent 

the solid waste facility or site from being 
operated in accordance with Article 9, 
Chapter BOA of the General Statutes, 
these Rules, the Federal Act, or accepta- 
ble engineering or public health and envi- 
ronmental standards. 

Statutory Authority G.S. /30A-294. 

SECTION .0300 - TREATMENT AND 
PROCESSING FACILITIES 

.0301 APPLICATION REQUIREMENTS 

This Rule contains the information required for 
a permit apphcation for each treatment and 
processing facility. A minimum of three sets of 
the following information shall be required in 
each application: 

(1) Site and operation plans; 

(2) An approval letter from the unit of local 
goverrmient having zoning authority over 
the area where the facility is to be located, 
aft4 stating that the proposed facility meets 
all of the requirements of the local zonmg 
ordinance, or that the site is not zoned: and 

(3) rVny other mJbrmation pertinent to the 
proposed facility. 

Statutory Authority G.S. I30A-294. 

SECTION .0400 - TR.\NSFER FACILITIES 

.0401 APPLICATION REQUIREMENTS 

This Rule contains the information required for 
a permit application for each transfer facility. A 
minimum of three sets of the following informa- 
tion shall be required in each application: 
Site and operation plans; 
An approval letter from the unit of local 
goN'emment ha\-ing zoning authority over 
the area where the facility is to be located, 
aft4 slating that the proposed facility meets 
all of the requirements of the local zoning 
ordinance, or that the site is not zoned: and 
Any other information pertment to the 
proposed facility. 



(1) 
(2) 



(3) 



Statutory Authority G.S. I30A-294. 

SECTION .0500 - DISPOSAL SITES 

.0503 SITING AND DESIGN REQUIREMENTS 
FOR DISPOSAL SITES 

Disposal sites shall comply with the following 
requirements in order for a permit to be issued: 

(1) A site shall meet the following siting re- 
quirements: 

(b) A site shall be located in consideration of 
the foOowing: 
(iii) A site shaU not damage or destroy an 
archaeological or historical site; 

(2) A site shall meet the following design re- 
quirements: 

(d) A site shall meet the following ground 
water requirements: 
(i) A site ohall Bet contravono groundwator 
standards as cstablishod under 44 NCAC 
itrr \$ NCAC ^ i» adopted by roforonoo 
i» accordanoo with Suboootion ^^e^ »f 
N.C.G.S. 15QB M. Copi e s ef 44 NCj\C 
^ »ay b« obtained from afi4 inspootod 
at Ae Solid Waste Branch, Division ef 
Hoalth S e p . ric e s, PrOr Se^ 3004^ Raloigh, 
N.C. 27603. New sanitary- landfills and 
lateral expansions of existing landfills 
must be desi.gned with liners, leachate 
collection systems, and fmal cover systems 
as necessary' to comply with ground water 
standards as established under 15A 
NCAC 2L. 15A NCAC 2L is adopted 
by reference in accordance with G.S. 
1 SOB- 14(c). 

Statutory Authority G.S. I30A-294. 

.0504 APPLICATION REQUIREMENTS FOR 
SANITARY LANDFILLS 

This Rule contains the information required for 
a permit apphcation for each sanitary landfill. It 
is recommended that the site application be sub- 
mitted and acted upon prior to submitting the 
apphcation for the construction plan. A mini- 
mum of four sets of plans wUl be required in each 
apphcation. 

Note that a permit for a sanitan' landfill is based 
upon a particular stream of identified waste, as 
set forth m .0504 (g)(ij and (ii) of this Rule. /Vny 
substantial change in the population or area to 
be ser\'ed, or in the type, quantity or source of 
waste wiU require a new permit and operation 
plan, including waste determination procedures 
where appropriate. 

( 1 ) The following information is required for 
re\iewing a site plan apphcation for a pro- 
posed sanitar)' landfill: 



S19 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



PROPOSED RULES 



(e) Local government approvals: 

(ii) A letter from the unit of government 
having zoning jurisdiction over the site 
which states that the proposal meets all 
of the requirements of the local zoning 
ordinance, or that the site is not zoned. 

(2) The following information is required for 
reviewing a construction plan application for 
a proposed sanitary landfill: 

(c) A construction plan that provides: 

(i) engineering design for Uners, leachate 

collections systems; 
(ii) (i) proposed fmal contours showing re- 
moval of surface water runoff; and 
(iii) («) locations of slope drains or other 
drop structures. 

Statutory Authority G.S. 130A-294. 

.0506 .\PPLICATION REQUIREMENTS FOR 
DEMOLITION LANDFILLS 

This Rule contains the information required for 
a pennit application for each demolition landfill. 
It is recommended that the site application be 
submitted and acted upon prior to submitting the 
application for the operational plan. A mini- 
mum of four sets of plans will be required in each 
application. 
(1) The foUowing is required for reviewing a 
site plan application for a proposed demoli- 
tion landfill: 
(b) An approval letter from the unit of local 
government having zoning authority over 
the area where the site is to be located 
statin g^ that the site meets all of the re- 
quirements of the local zoning ordinance, 
or that the site is not zoned; 

Statutory Authority G.S. I30A-294. 

.0508 APPLICATION REQLIRE.MENTS FOR 
INCINERATORS 

This Rule contains the information required for 
a permit application for each incinerator. A 
minimum of two sets of plans wiU be required for 
each apphcation. 

(3) An approval letter from the unit of local 
government having zoning authority over 
the area where the facihty is to be located 
aft4 stating that the site meets aU of the re- 
quirements of the local zoning ordinance, 
or that the site is not zoned; and 

Statutory Authority G.S. I30A-294. 

SECTION .0900 - YARD TRASH COMPOSTING 
FACILITIES 

.0901 PROCEDURE FOR PER.MIT 



(a) All persons other than those listed in Rule 
.0902(2) are required to obtain a permit from the 
Division to accept, store, or compost yard trash. 
Application and operational requirements shall 
be in accordance with Rules .0903 and .0904 of 
this Section. 

(b) The seal of a professional engineer is not 
required when submitting plans for a Yard Trash 
Composting permit. A minimum of three sets 
of plans shall be submitted with in each apphca- 
tion. 

Statutory Authority G.S. 130A-309.il. 

.0902 APPLICABILITY FOR YARD TRASH 
COMPOSTING 

As of January 1, 1993, disposal of yard trash in 
a sanitary landfill shall be prohibited; however, 
yard trash which has been separated may be ac- 
cepted at a sanitary landfill where the facility 
provides and maintains a separate yard trash 
composting area. 

(1) Applicability. A permit is required for the 
construction and operation of composting 
facUities for yard trash which process more 
than 6,000 cubic yards of material per year. 
Yard trash may be composted with agricul- 
tural waste and silvicultural waste as defmed 
in Rule .0101 of this Section. The Division 
does not regulate the composting of agricul- 
tural waste and silviculture waste, unless 
mixed with yard trash. 

(2) Activities not requiring a permit. A permit 
is not required for the foUowing operations: 

(a) Backyard Composting. 

(b) Farming operations where the compost is 
produced from materials grown on the 
owners land and is re-used on the owner's 
land and not offered to the public. 

(c) Facilities composting less than 6,000 cubic 
yards of material per year, meeting the 
foUowing conditions: 

(i) Notification of the SoUd Waste Section 
on an annual basis as to: 

(A) FacUity location; 

(B) Name of owner and operator; 

(C) Address of owner and operator; 

(D) Phone number of owner and opera- 
tor; 

(E) Type of waste received; 

(F) /Vmount of waste received; 

(G) Composting process to be used; and 
(H) Intended distribution of the finished 

product, 
(ii) Agreement to operate in accordance 
with operational requirements as set forth 
in Rule .0904 of this Section, except for 
.0904(7). 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



820 



PROPOSED RULES 



(iii) Facility operates in accordance with aU 
other state or local laws, ordinances, rules, 
regulations or orders, 
(d) Facilities storing or producing mulch from 
untreated wood waste which meet the 
following conditions: 

(i) Facility is not located over closed-out 
disposal site; 

(ii) No more than one acre of land is uti- 
lized for storage of mulch; 

(iii) Access to fire equipment and fire- 
fighting sen,'ices is provided; and 

(iv) Safety measures are taken to prevent 
fu-es. 

Statutory Authority G.S. l30A-309.il. 

.0903 APPLICATION REQUIREMENTS FOR 

YARD 1 RASH COMPOSTING FACILITIES 

(a) Siting for a yard trash composting facility 
shall meet the following standards: 

(1) A site located in a flood plain shall not 
restrict the flow of the 100-year flood; 

(2) A site shall be maintained and operated 
in a manner which will protect the as- 
signed water quality standards of the sur- 
face waters and ground waters; 

(3) A 50-foot minimum buffer will be re- 
quired between aU property lines and 
compost pad or storage area; 

(4) A 200-foot minimum buffer will be re- 
quired between compost pad or storage 
area and residences or dwellings; 

(5) A 200-foot minimum buffer will be re- 
quired between streams and rivers and 
compost pad or storage area; 

(6) A 25-foot minimum distance will be re- 
quired between compost areas and swales 
or berms; 

(7) Bottom elevation of compost pad and 
storage areas shall be a minimum of two 
feet above seasonal high water table; 

(8) A site shall comply with aU of the re- 
quirements of the local zoning ordinance; 

(9) A site shall meet the requirements of the 
Sedimentation Pollution Control Law 
(15A NCAC 4); 

(10) Access to the site shall be controlled 
through the use of fences, gates, berms, 
natural barriers, or other means; 

(11) A site shall not be located within any 
wetland as defmed in the Clean Water 
Act, Section 404(b). 

AItemati\e buffers for an mdoor facility may be 
approved on a case by case basis. 

(b) The following information shall be required 
for reviewing an application for a yard trash 
composting facility: 



(1) An aerial photograph or map on a scale 
of at least one inch equals 400 ft. accu- 
rately showing the area within one-fourth 
mile of the proposed site's boundaries 
with the following specifically identified: 

(A) Entire property owned or leased by the 
person proposing the facility; 

(B) Land use and zoning; 

(C) Location of all homes, industrial 
buildings, public or private utilities, and 
roads; 

(D) Location of wells, watercourses, dry 
runs, and other applicable details regard- 
ing the general topography. 

(2) A site plan on a scale of at least one inch 
equals 200 feet showing proposed areas 
for: 

(A) Receiving; 

(B) Processing/staging; 

(C) Production; 

(D) Curing and storage; 

(E) Access controls; 

(F) Description of drainage characteristics 
identifying both site run-on and run-off, 
ditches, and run-off controls; 

(G) Access road; 

(H) Existing/ Proposed contours (5' inter- 
vals). 

(3) A written report that contains the fol- 
lowing: 

(A) Anticipated type, source, and compo- 
sition of waste to be received; 

(B) Provisions to maintain a clean and or- 
derly operation: 

(i) Effective barrier to pre\'ent unauthor- 
ized entry and dumping; 

(ii) Signs posted with name of owner, 
operator, contact person and number in 
case of emergency and hours of opera- 
tion; 

(iii) Dust control measures; 

(iv) Litter control measures; 

(v) Fire protection and control measures; 
and 

(vi) Odor control measures and practices; 

(C) Designed capacity of the facility; 

(D) Composting time duration, time from 
initiation of the composting process to 
completion and distribution; 

(E) For static pile composting, typical 
windrow construction and aeration con- 
figurations; 

(F) .Method of aeration, including turning 
frequency or mechanical aeration equip- 
ment and aeration capacity; 

(G) For in-vcssel composting systems, a 
process flow diagram of the entire process, 



<V2/ 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



PROPOSED RULES 



including all major equipment and flow 
streams; 

(H) Personnel required and their responsi- 
bilities; 

(I) A description and an identification of 
the surface for the proposed site, area, and 
depth to seasonal high ground water; 

(J) A description of the composting pad; 

(K) A description of any monitoring that 
wiU occur involving the composting proc- 
ess or the site; 

(L) Sources of waste input. 
(4) An operational plan which contains the 
following: 

(A) Explanation of daily operation and 
maintenance; 

(B) Proposed equipment; 

(C) Person responsible for operation; 

(D) Control and inspection of incoming 
waste; 

(E) Method of measuring incoming waste; 

(F) Vehicle control and unloading; 

(G) Method and sequence of processing the 
waste; 

(H) Leachate and run-off control measures; 
(I) Description of ultimate use for fmished 

compost; 
(J) Plan for back-up system if poor quality 

product produced or change in market 

conditions develop. 

Statuioiy Authonty G.S. l30A-309.il. 

.0904 OPERATIONAL REQUIREMENTS FOR 

\ ARD TRASH COMPOSTING FACILITIES 

.Any person who maintains or operates a yard 
trash composting facility shall mamtain and op- 
erate the site in accordance with the following 
practices, unless otherwise specified in the permit. 

(1) Plan and Permit Requirements: 

(a) Construction plans and conditions of per- 
mit shall be followed. 

(b) A copy of the permit, plans, and opera- 
tional reports shall be available at all 
times. 

(c) Facility shall be operated in a manner to 
control vectors. 

(d) The amount of compost stored at the fa- 
cility shall not exceed the designed storage 
capacity. 

(e) Only yard trash and agricultural waste or 
silviculture waste may be accepted at the 
facility. 

(fj If solid waste other than yard trash, agri- 
cultural waste silviculture waste, or waste 
approved by the Division is left at the fa- 
cility, it shall be separated and stored in a 



manner that prevents vector problems and 
shall be removed within seven days. 

(g) Particle size of larger trash items such as 
limbs, trees, and stumps shall be reduced 
to promote composting. 

(h) Yard trash must be removed from con- 
tainers, unless the containers, bags, or an- 
other material has been approved by the 
Section. 

(i) Compost must be aerated to maintain ele- 
vated temperatures which will produce a 
pathogen free compost product. 

(j) Methods of composting, approved by the 
Division, which result in aerobic 
biochemical degradation of the organic 
material received shall be followed. 

(k) Windrow construction and turning fre- 
quency shall be sufficient to maintain 
aerobic conditions to produce a compost 
product in the desired time frame. 

(1) Compost shall receive fmal aeration upon 
completion of composting cycle to ensure 
stability before distribution. 

(m) Compost areas shall be located on soUs 
with a coefficient of permeability no 
greater than 4 x 10 (-3), unless otherwise 
approved by the Department. 

(n) Odors shall be controlled and minimized. 

(o) Static piles must be turned at least once 
during a 12-month interval. 

(p) Compost process shaU be maintained at 
55 degrees Celsius for 48 to 96 hours (de- 
pendent upon waste stream). 

(q) The resulting compost shall not reheat 
upon standing to greater than 45 degrees 
Celsius and shall have a moisture content 
between 35 and 60 percent. 

(r) Nitrogen bearing waste (grass clippings, 
etc.) shall be incorporated into piles 
within 48 hour of on-site arrival. 

(2) Drainage Control Requirements: 

(a) Surface water shall be diverted from the 
operational area. 

(b) Windrows shall be constructed perpen- 
dicular to slopes. 

(c) The site be graded to prevent ponding in 
active composting areas. 

(3) Water Protection Requirements: Leachate 
shall be contained on site or properly treated 
using technology to filter prior to discharge. 
An NPDF.S permit may be required prior to 
discharge of leachate to surface waters. 

(4) Access and Security Requirements: 

(a) The site shall be secured by means of 
gates, chains, berms, fences, or other se- 
curity measures approved by the Di\ ision, 
to prevent unauthorized entry. 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



822 



PROPOSED RULES 



(b) 



(5) 
(a) 



(b) 



(c) 

(6) 
(a) 

(b) 



(c) 



(7) 
(a) 



(b) 



The access road to the site shall be of all- 
weather construction and maintained in 
good condition. 

Sign Requirements: 
Signs shall provide information on owner, 
operator, contact person and number in 
case of emergency, and the hours during 
which the site is open for public use. 
Traffic signs or markers shall be provided 
as necessary to promote an orderly traffic 
pattern to and from the discharge area and 
to maintain efficient operating conditions. 
Signs shall be posted stating that only yard 
trash can be received at the site. 

Safety Requirements: 
Open burning of solid waste shall be pro- 
hibited. 

Equipment shall be provided to control 
accidental fires or arrangements shall be 
made with the local fire protection agency 
to immediately provide fire-fighting ser- 
vices when needed. 

Space shall be provided between piles to 
allow access for vehicles, including fire 
equipment. 

Monitoring and Reporting Requirements: 
Monitoring (including groundwater, sur- 
face water, waste components, soil, or 
plant tissue analyses) may be required 
based on a case by case evaluation to in- 
sure protection of the environment. 

/Vn annual report must be submitted 
which includes the following information: 

i) Sources, type, quantity (by weight or 
volume) of waste received at the facility; 

ii) The turning frequency (if applicable) 
and the timing and amount of water ad- 
dition (if applicable); 

iii) Sampling of temperature duration and 
changes during composting; 

iv) The quantity, by weight or volume, of 
compost produced; 

v) The quantity, by weight or volume, of 
compost rem.oved from the facihty: 

vi) A description of the end product and 
distribution or disposal. 



Statutoiy Authority G.S. I30A-309.il. 

.0905 COMPOST CL.ASSIFIC.\TION .\ND 
DISTRfBLTION 

(a) Compost made from yard trash or yard 
trash and agricultural waste or yard trash and 
sil\iculture waste which contains no pathogenic 
organism, is free from offensive odor, and con- 
tains no sharp particles which would cause injur,' 
to persons h.andling the compost, shall have un- 
restricted distribution if directions are provided 



with the compost product. The directions shall 
address moisture holding capacity, and nutrient 
content. 

(b) If the composting process contained animal 
manures, the applicant must register with the 
North Carolina Department of Agriculture, 
Fertilizer Section. 

Statutory Authority G.S. l30A-309.il. 

SECTION .1 100 - SCRAP TIRE MANAGEMENT 

.1105 PERMIT REQLIRED 

(a) No person, other than a person exempted 
by G.S. I30A-309.57(d), or t_his Section, shall 
establish, operate or maintain, or allow to be es- 
tablished, operated or maintained upon his land, 
a scrap tire collection site or scrap tire disposal 
site unless a permit for the site has been obtained 
from the Division. 

(b) Application for permits required by this 
Rule shall be forwarded to the Solid Waste Sec- 
tion, Solid Waste Management Division, P.O. 
Box 27687, Raleigh, North Carolma 27611. 

(c) A permit is issued to the permit applicant 
for a particular site and is nou'transferrable. 

(d) Scrap tire collection sites exempt from per- 
mitting under G.S. 130A-309. 57(d) and Para- 
graph (i) of this Rule are not subject to the 
storage requirements of Rule .1107 of this Sec- 
tion with the exception of Rule .1107(1) and 
(2)(c). 

(e) Trailers and roU-off containers used as scrap 
tire collection facilities are exempt from the re- 
quirements of Rule .1106(c) with the exception 
of Subparagraphs (3), (4), (8) and (10). 

(f) A permitted sanitary landfill, other than a 
demolition landiiU, is deemed permitted as a 
scrap tire disposal site. Records shall be main- 
tained in accordance with Rule .1108(c) of this 
Section. 

(g) A permitted sanitary landfill operated by a 
unit of local government is deemed permitted as 
a scrap tire collection site and may store up to 
25,000 scrap tires for the purpose of comprising 
a marketable commodity. 

(h) Units of local government are not required 
to provide proof of financial responsibility. 

(i) Sites at which scrap tires are used for 
agnculture-related purposes are not subject to the 
scrap tire collection site permit requirement, 
provided the number ot tires stored on-site does 
not exceed the number of tires which reasonably 
mav be used for on-site agnculture-related pur- 
poses during a one-veax penod. Scrap tires shall 
be stored so as not to create a public health nui- 
sance or fire hazard and m comphance with 
storage requirements of Rule . 1 in7( 1) and (2)(a) 



S2i 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



PROPOSED RULES 



through (c) of this Section. In an enforcement 
action, the burden of proof shall be upon the 
person claiming the agriculture-related use. 

(i) A scrap tire collection site permit is not re- 
quired for a tire manufacturing business at which 
scrap new tires are accumulated prior to disposal 
if fewer than 1,000 scrap tires are kept on the 
business premises. 

Statutory Authority G.S. /30A-309.57. 

SECTION .1200 - MEDICAL WASTE 
MANAGE.MENT 



.1202 GENERAL REQLIRE.MENTS FOR 
MEDICAL WASTE 

(c) Blood and body fluids in individual con- 
tainers of 20 ml or less, which are not stored in 
a secured area restricted to authorized personnel 
prior to off-site transportation, shall be packaged 
in a minimum &f efte 440 fe- burst str e ngth 
polyethyl e n e e* e quival e nt bag aft4 placed m a 
rigid fib e rboard be* e* drum ift a mann e r tbat- 
pr e v e nts l e akag e »f the cont e nts, ©f alt e rnatively, 
may be packag e d i» a contain e r suitablo f»f 
sharps. The int e grity ef the packaging shall be 
maintain e d prior te- off sit e transportation, ac- 
cordance with the Regulated medical waste 
packaging requirements or in a container suitable 
for sharps. 

Statutofy Authority G.S. /30A-309.26. 

.1204 REQUIREMENTS EOR GENER.\TORS 
OF REGULATED MEDICAL WASTE 

(a) A person who ships Regulated medical 
waste from the generating facility for off-site 
treatment shall meet the following requirements: 
(1) Regulated medical waste shaU be packaged 
in a minimum of one 4-6© Ibr burst 
strongth polyethylene ef equivalent bag7 
aft4 placed m a rigid fiberboard bfw ©f 
drum ift a manner t4«4- prevents l e akag e 
ef the content!? . , plastic bag placed in a 
rigid fiberboard box or drum in a manner 
that pre\ents leakage of the contents. The 
plastic bag shall be impcr\'ious to 
moisture and ha\e a strength sufficient to 
preclude ripping, tearing or bursting the 
waste-filled bag under normal conditions 
of usage and handlmg. Each bag shall be 
constructed of material of sufficient single 
thickness strength to pass the 165-gram 



dropped dart impact resistance test as 
prescnbed by Standard D 1709-75 of the 
American Society for Testing and Materi- 
als and certified bv the bag manufacturer. 



Statutory Authority G.S. 130A-309.26. 

CHAPTER 18 - ENVIRONMENTAL HEALTH 

SUBCHAPTER 18A - SANITATION 

SECTION .2800 - SANITATION OF CHILD DAY 
CARE FACILITIES 

.2801 DEFINITIONS 

The following definitions shall apply through- 
out this Section: 

(1) "Adequate" means determined by the De- 
partment to be of sufficient size, volume, or 
technical specifications, to effectively ac- 
commodate and support the planned, cur- 
rent, or projected workloads for a specified 
operational area. 

(2) "Approved" means procedures and equip- 
ment determined by the Department to be 
in compliance with this Section. Equipment 
and utensils which meet and are installed in 
accordance with NSE or equivalent stand- 
ards shall be considered as approved. The 
NSE standards are hereby adopted by refer- 
ence in accordance with G.S. I SOB- 14(c). 

(3) "Communicable Condition" means the 
state of being infected with a communicable 
agent but without symptoms. 

(4) "Communicable Disease" means any dis- 
ease that can be transmitted from one per- 
son to another directly, by contact with 
excrement, other body fluids, or discharges 
from the body; or indirectly, via substances 
or inanimate objects, such as contaminated 
drinking glasses, toys or water; or via vec- 
tors, such as flies, mosquitoes, ticks, or other 
insects. 

(5) "Department" or "DEHNR" means the 
N.C. Department of Environment, Health, 
and Natural Resources. The term also 
means the authorized representative of the 
Department. 

(6) "Eating and Cooking Utensils" means and 
includes any kitchenware, tableware, 
glassware, cutlery, utensils, containers, or 
other equipment with which food or drink 
comes in contact during storage, prepara- 
tion, or ser\-ing. 

(7) "Environmental Health Specialist" means 
a person authorized to represent the De- 
partment. 

(8) "Eood" means any raw, cooked, or proc- 
essed edible substance, ice, beverage, or in- 
gredient used or intended for use or for sale 
in whole or in part for human consumption. 

(9) "Hermetically Sealed" means a container 
designed and intended to be secure against 
the entry of microorganisms and to maintain 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



824 



PROPOSED RULES 



the commercial sterility of its contents after 
processing. 

(10) "Hygroscopic Food" means food which 
readily takes up and retains moisture, such 
as bean sprouts. 

(11) "Impervious" means that which will not 
allow entrance or passage, such as an airtight 
plastic container that will not allow the en- 
trance of moisture or vermin. 

(12) "Potable Water" means water from an 
approved source which is suitable for drink- 
ing. 

(13) "Potentially Hazardous Food" means any 
food or ingredient, natural or synthetic, in a 
form capable of supporting the growth of 
infectious or toxigenic microorganisms, in- 
cluding Clostridium botulinum. This term 
includes raw or heat treated food of animal 
origin, raw seed sprouts, and treated foods 
of plant origin. The term does not include 
foods which have a pH level of 4.6 or below 
or a water activity (Aw) value of 0.85 or less. 

(14) "Putrescible \Iaterials" means materials 
likely to rot or putrify, such as fruit, vegeta- 
bles, meats, dair\' products, etc. 

(15) "Sanitary Sewage System" means a com- 
plete system of sewage collection, treatment, 
and disposal and includes septic tank sys- 
tems, connection to a public or community 
sewage system, sewage reuse or recycle sys- 
tems, mechanical or biological treatment 
systems, or other such systems. 

(16) "Sanitize" means the approved bactericidal 
treatment by a process which provides 
enough accumulative heat or concentration 
of chemicals for enough time to reduce the 
bacterial count, including pathogens, to a 
safe level on utensils and equipment. 

(17) "Sewage" means the liquid and solid hu- 
man body waste and liquid waste generated 
by water-using fixtures and appUances, in- 
cluding those associated with foodhandling. 
The term does not include industrial process 
wastewater or sewage that is combined with 
industrial process wastewater. 

(18) "Single-Sen'ice Articles" means tableware, 
including flatware and hoUoware, carry-out 
utensils and other items such as bags, con- 
tainers, stirrers, straws, toothpicks, and 
wrappers which are designed, fabricated and 
intended by the manufacturer for one-time 
use. 

(19) "Single-L'se Articles" means bulk food 
containers and utensils intended by man- 
ufacturer to be used once and discarded. 
The term includes items such as formed 
buckets, bread wrappers, pickle barrels, and 
No. 10 cans. The term does not include 



"single-service articles" as defined in this 
Section. 

Statutory Authority G.S. 1 10-91. 

.2802 APPROVAL OF CONSTRUCTION AND 
RENOV.\TION PLANS 

(a) Plans and specifications for new con- 
struction or modifications to any existing or 
proposed day care facility shall be submitted to 
the local health department for review and ap- 
proval prior to beginning construction. Plans 
and specifications for "franchise" or "chain" fa- 
cilities may also be submitted by the local health 
department to the Environmental Health Ser- 
vices Section, Division of En\ironmental Health, 
Department of Environment, Health, and Na- 
tural Resources, P.O. Box 27687, Raleigh, North 
Carolina 27611-7687. The initial inspection for 
new construction or the first inspection following 
modifications to existing facilities shall not be 
made by the Environmental Health Specialist 
unless these plans have been approved. 

(b) Review of the plans by the local health de- 
partment or the Environmental Health Services 
Section shall be based on the requirements of this 
Section. 

(c) Construction and modrtications shall com- 
ply with the approved plans. 

Statutory Authority G.S. 1 10-91. 

.2803 INSPECTIONS AND REPORTS 

(a) Unannounced inspections of child day care 
facilities shall be made by an Environmental 
Health Specialist at least quarterly. An original 
and two copies of the Sanitation Standards 
Evaluation Form for Day Care Facilities shall be 
completed by the Environmental Health Spe- 
cialist. The original shaU be submitted to the 
Child Day Care Section by the Environmental 
Health Specialist. The facility operator and the 
Envirormiental Health Specialist shall each retain 
a copy. 

(b) If conditions found at the facility at the 
time of any inspection are dangerous to the 
health of the children, the Environmental Health 
Specialist shall notify the Child Day Care Section 
within 24 hours by verbal contact. The original 
of the inspection report documenting the dan- 
gerous conditions shall be sent to the Child Day 
Care Section within two working days following 
the inspection. 

(c) An Environmental Health Specialist may 
conduct an inspection of any child day care fa- 
cility as frequently as necessary in order to ensure 
compliance with applicable sanitation standards. 



S25 



5: 1 2 SOR TH CA ROLINA REGIS TER September 14,1990 



PROPOSED RULES 



Statutory Authority G.S. 110-91. 

.2804 FOOD SUPPLIES 

(a) Food shall be in good condition, free from 
spoilage, filth, or other contamination and shall 
be safe for human consumption. Food shall be 
obtained from sources that comply with all laws 
relating to food and food labeling. The use of 
food packaged in hermetically sealed containers 
that was not prepared in a commercial food 
processing establishment is prohibited. 

(b) .MiUc products that are used shall be Grade 
"A" pasteurized tluid milk and fluid milk pro- 
ducts or evaporated milk. The term "milk pro- 
ducts" means those products as defmed in 10 
NCAC lOA .1207. Copies of 10 NCAC lOA 
.1207 may be obtained from the Department of 
Fnvironment, flealth, and Natural Resources, 
P.O. Box 27687, Raleigh, North Carolina 
27611-7687. Unless prescribed by a physician, 
dr>' milk and dr>- milk products may be used only 
for cooking purposes, including cooked pudding 
desserts and flavored hot beverages. 

(c) Fresh and frozen shucked shellfish (oysters, 
clams, or mussels) shall be packed in nonreturn- 
able packages identified with the name and ad- 
dress of the original sheU stock processor, 
shucker - packer, or repacker, and the interstate 
certification number issued according to law. 
Shell stock and shucked shellfish shall be kept in 
the container \n which they were received until 
they are used. Each container of unshucked shell 
stock (oysters, clams, or mussels) shall be identi- 
fied by an attached tag that states the name and 
address of the original shell stock processor, the 
kind and quantity of shell stock, and an interstate 
certification number issued by the State or for- 
eign shellfish control agency. 

(d) Raw eggs used in the production of 
milkshakes, ice cream, and other food products 
shall be thoroughly cooked unless a pasteurized 
egg product is used. 

(e) Formula, mother's milk, and juice sent 
from home shall be fuUy prepared and identified 
for the appropriate child at the child's home. 
Formula and juice provided by the child day care 
facility shall be pre-packaged, ready-to-feed, fully 
prepared, and packaged single-use items. Fur- 
ther, formula and juice may be provided by the 
child day care faciUty as prescribed by the child's 
physician or instructed by parent or guardian. 
Bottles and other drinking utensils provided by 
the child day care facility shall be sanitized in 
accordance with this Section. All unused for- 
mula, mother's rmlk, and juice sent from home 
shall be discarded at the end of each day. For- 
mula and juice, which require refrigeration, baby 



food, after opening and recovering, and mother's 
milk shall be identified for the appropriate child 
and shall be refrigerated at 45°F or below. 
Commercially prepared baby foods shall be 
served from a serving dish rather than the food 
jar. 

(f) Facilities receiving prepared, ready-to-eat 
meals from outside sources shall use only catered 
meals obtained from a food handling establish- 
ment permitted or inspected by the health de- 
partment. During transportation, food shall 
meet the requirements of these Rules relating to 
food protection and storage. 

(g) All bag lunches shall be refrigerated in ac- 
cordance with this Section. 

Statutory Authority G.S. 1 10-91. 

.2805 FOOD PROTECTION 

(a) Food shall be protected at all times from 
potential contamination, including dust, insects, 
rodents, unclean equipment and utensils, unnec- 
essary handling, coughs and sneezes, flooding, 
drainage, and overhead leakage or overhead 
drippage from condensation. The temperature 
of potentially hazardous food shall be 45°F (7°C) 
or below, or 140°F (60°C) or above at all times, 
including field trips, during service, and as other- 
wise provided in these Rules. 

(b) In the event of a fire, flood, power outage, 
or similar event that might result in the contam- 
ination of food, or that might prevent potentially 
hazardous food from being held at required tem- 
peratures, the person in charge shall immediately 
contact the local health department. 

Statutory Authority G.S. 110-91. 

.2806 FOOD STOR.AGE 

(a) Food products shall be stored in approved, 
clean, tightly covered, storage containers once the 
original package is opened. Container covers 
shall be impervious and nonabsorbent. 

(b) Foods not stored in the product container 
or package in which it was obtained, shaU be 
stored in a tightly covered, approved food storage 
container identifying the food by common name. 

(c) Food shall be stored above the floor ui a 
manner that protects the food from splash and 
other contamination and that permits easy 
cleaning of the storage area. 

(d) Food and containers of food shaU not be 
stored under exposed or unprotected sewer lines 
or water lines, except for automatic fire pro- 
tection sprinkler heads that may be required by 
law. Food shall not be stored in toilet or laundry 
rooms, haOways, or other areas where there is a 
potential for contamination. 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



826 



PROPOSED RULES 



(e) Food not subject to further washing or 
cooking before serving shall be stored in a man- 
ner that protects it from cross-contamination. 

(f) Packaged food shall not be stored in contact 
with water or undrained ice. Wrapped 
sandwiches shall not be stored in du'cct contact 
with ice. 

(g) Refrigerated storage; 

(1) Refrigeration equipment shall be provided 
in such number and of such capacity to 
assure the maintenance of potentially 
hazardous food at required temperatures 
during storage. Each refrigerator shall be 
provided with a numerically scaled indi- 
cating thermometer, accurate to" -3'P. 
located to measure the air temperature in 
the warmest part of the refrigerator and 
located to be easily readable. Recording 
thermometers, accurate to' -3"F. may be 
used in lieu of indicating thermometers: 

(2) Potentially hazardous food requiring re- 
frigeration after preparation shall be rap- 
idly cooled to an mtemal temperature of 
45 T or below. Potentially hazardous 
foods of large volume or prepared in large 
quantities shall be rapidly cooled, utilizing 
such methods as shallow pans, agitation, 
quick chilling or water circulation external 
to the food containers. Potentially haz- 
ardous food to be transported cold shall 
be prechilled and held at a temperature of 
45' F or below; 

(3) Ice used for cooling stored food and food 
containers shall not be used for hum;in 
consumption. 

(g) Hot storage; 

(1) Hot food storage equipment shall be pro- 
vided in such number and of such capac- 
ity to assure the maintenance of food at 
the required temperature dunng storage. 
Fach hot food unit shall be provided with 
a numerically scaled indicating 
thermometer, accurate to' -3'F. located 
to measure the air temperature in the 
coolest part of the unit and located to be 
easily readable. Recording thermometers, 
accurate to' -3"'F, may be used in lieu of 
indicating thermometers. Where it is im- 
practical to install thermometers on 
equipment such as steam tables, steam 
kettles, heat lamps, cal-rod units, or insu- 
lated food transport earners, a product 
thermometer shall be available and used 
to check internal food temperature; 

(2) The internal temperature of potentialh 
hazardous foods requiring hot storage 
shall be 140' F or abo\e except during 
nccessan' periods of preparation and ser- 



vice. Potentially hazardous food to be 
transported hot shall be held at a temper- 
ature of 140'F or above. 

Statutory Authority G.S. 110-91. 

.2807 FOOD PRtP.\R.\TION 

(a) Food shall be prepared with the least pos- 
sible manual contact, with appropriate utensils, 
and on surfaces that have been cleaned, rinsed, 
and sanitized prior to use in order to prevent 
cross-contamination. 

(bj Wlienever there is a change m processing 
from raw to ready-to-eat foods, the new^ opera- 
tion shall begin with food-contact surfaces and 
utensils which are clean and ha\e been sanitized. 

(c) Raw fruits and raw \egetables shall be 
thoroughly washed with potable water before 
being cooked or ser\'ed. 

(d) Potentially hazardous foods requiring 
cooking shall be cooked to heat all parts of the 
food to a temperature of at least 140' F, except 
that; 

(1) Poultrv'. poultp." stuffings, stuffed meats 
and stutTmgs containing meat shall be 
cooked to heat all parts of the food to at 
least 165'F with no interruption of the 
cooking process; 

(2) Pork and any food containing pork shall 
be cooked to heat all parts of the food to 
at least 165'F with no interruption in the 
cooking process; 

(3) Rare roast beef shall be cooked to an 
internal temperature of at least 130T- with 
no interruption in the cooking process. 

(e) Raw animal products cooked in a micro- 
wave o\'en shall be rotated during cooking to 
compensate for uneven heat distnbution and 
shall be heated an additional 25'F (13.9=C) to 
compensate for shorter cooking times. 

(f) Potentially hazardous foods that have been 
cooked and then refrigerated, shall be reheated 
rapidly to an internal temperature of 165'F or 
higher before being served or before being placed 
in a hot food storage unit. Steam tables, 
warmers, and similar hot food holding units are 
prohibited for the rapid reheating of potentially 
hazardous foods. Potentially hazardous foods 
reheated in a microwave oven shall be heated an 
additional 25'F (13.9 = C). 

(g) .Metal stem-type numerically scaled indi- 
cating thermometers, accurate to' -2'F. shall be 
provided and used to assure the attainment and 
maintenance of proper mtemal cooking, holding, 
or refrigeration temperatures of all potentially 
hazardous foods. 

(h) Potentiall\ hazardous foods shall be 
thawed; 



82- 



5:12 .\ORTH CAROLIXA REGISTER September 14, 1990 



PROPOSED RULES 



(1) In refrigerated units at a temperature not 
to exceed 45° F; 

(2) Under potable ruruung water of a tem- 
perature of 70° F or below, with sufficient 
water velocity to agitate and float off loose 
food particles into the overflow; 

(3) In a microwave oven only when the food 
wiU be immediately transferred to con- 
ventional cooking equipment as part of a 
continuous cooking process or when the 
entire, uninterrupted cooking process 
takes place in the microwave oven; or 

(4) As part of the conventional cooking 
process. 

Statutory Authority G.S. 1 10-91. 

.2808 FOOD SERVICE 

(a) Milk and milk products for drinking pur- 
poses may be served from a commercially filled 
container of not more than one gallon capacity 
or drawn from a commercially filled container 
stored in a mechanically refrigerated bulk milk 
dispenser. 

(b) Ice, if purchased, shaU be purchased from 
an approved source and kept clean. Ice shall be 
made, handled, transported, stored and dispensed 
in such a manner as to be protected against con- 
tamination. Ice shall be dispensed with scoops, 
tongs, or other ice-dispensing utensUs or through 
automatic ice-dispensing equipment. Ice- 
dispensing utensils shall be stored on a clean 
surface or in the ice with the dispensing utensUs 
handle extended out of the ice. Between uses, ice 
transfer receptacles shall be stored in a way that 
protects them from contamination. Ice storage 
bins shall be drained through an air gap. 

(c) To avoid unnecessary manual contact with 
food, appropriate dispensing utensils or dispos- 
able plastic gloves shall be used by employees. 
Between uses during service, dispensing utcnsUs 
shall be stored in the food with the dispensing 
utensil handle extended out of the food or stored 
clean and dry. 

(d) Open jars of baby food shall be covered, 
dated, refrigerated, and used within 48 hours. 

(e) Once ser\'ed, portions of leftover food shall 
not be ser\'ed again. However, packaged food, 
that is not potentially hazardous and has not 
been opened and is still in sound condition, may 
be re-served. 

Statutory Authority G.S. 110-91. 

.2809 FOOD SERVICE EQUIPMENT .WD 
UTENSILS 

(a) Material and Construction: 



(1) Materials used in the construction of 
utensils and equipment shall, under 
normal use conditions, be safe; durable; 
corrosion-resistant; nonabsorbent; of suf- 
ficient weight and thickness to permit 
cleaning and sanitizing by normal 
warewashing methods; finished to have a 
smooth, easily cleanable surface; and re- 
sistant to pitting, chipping, cracking, 
scratching, scoring, distortion, and de- 
composition; 

(2) Solder shall be comprised of safe, 
corrosion-resistant materials; 

(3) Wood and wicker shall not be used as 
food-contact surfaces, except hard maple 
or an equivalent nonabsorbent wood may 
be used for cutting boards, cutting blocks 
or bakers' tables; 

(4) Galvanized metal shall not be used for 
utensils which have general utility or for 
utensils or food-contact equipment which 
contacts beverages or moist or 
hygroscopic food; 

(5) Linens shall not be used as food-contact 
surfaces, except that clean linen may be 
used in contact with bread and rolls; 

(6) Single-use and single-service articles shall 
be fabricated from safe and clean materi- 
als; 

(7) Reuse of single -service articles is prohib- 
ited; 

(8) Equipment, utensils, and single-service 
articles that impart odors, color or taste, 
or contribute to the contamination of 
food shall not be used. 

(b) Design and Fabrication: 

(1) Equipment and utensils shall be designed 
and fabricated to be durable and suffi- 
ciently strong to resist denting and 
buckling under normal-use conditions; 

(2) Product thennometers and thermometer 
probes shall be of metal stem-type con- 
struction; 

(3) Multi-use food-contact surfaces shall be 
smooth; free of breaks, open seams, 
cracks, chips, pits and similar 
imperfections; free of sharp internal an- 
gles, comers and crevices; fmished to have 
smooth welds and joints; and accessible 
for cleaning and inspection without being 
disassembled, by disassembling without 
the use of tools or by easy disassembling 
with the use of only simple tools such as 
mallets, screw drivers or wrenches which 
are kept near the equipment; 

(4) Water filters or any other water condi- 
tioning devices shall be designed to be 
disassembled to provide for periodic 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



S28 



PROPOSED RULES 



cleaning or replacement of the active ele- 
ment; 

(5) Nonfood-contact surfaces shall he 
nonabsorbent, cleanable, and free of un- 
necessary,^ ledges, projections, and crevices; 

(6) Interior surfaces of nonfood-contact 
equipment shall be designed and fabri- 
cated to allow easy cleaning and to facili- 
tate maintenance operations; 

(7) Filters and other grease extracting equip- 
ment shall be readily accessible for filter 
replacement and cleaning. 

Statutory Authority G.S. 110-91. 

.2810 SPKCIKICATIONS FOR Kl ICFIKNS, 
BASED ON MMBKK OF ( IIILDRFN 

(a) Day Care Facilities I icensed for 6-24' Chil- 
dren: 

( 1) Domestic kitchen equipment may be used. 
Kitchen equipment shall include at least 
a two-compartment sink, dishwasher, re,- 
frigcration equipment, and cooking 
equipment. In lieu of a dishwasher and 
two-compartment sink, a three- 
compartment sink may be used. Day care 
facilities using only single ser\'ice articles 
shall provide at least a two-compartment 
sink: 

(2) A separate la\'ator\' for handwashing is 
required in the kitchen. This 
handwashing lavatory shall be used only 
by foodscn,'ice personnel; 

(3) /Vfter each use, all multi-use tableware and 
food contact surfaces of equipment and 
utensils shall be washed and rinsed in a 
dishwasher or three-compartment sink. 
Sanitization shall then take place in the 
sink by immersion for at least two min- 
utes in a clean solution containing: 

(A) At least 50 parts per million of available 
chlorine at a temperature of at least 75° F 
(24'C); 

(B) At least 12.5 parts per million of avail- 
able iodine and ha\ing a pH not higher 
than 5.0 and at a temperature of at least 
75°F (24''C); or 

(C) At least 200 parts per million of 
quatemarv' ammonium products and hav- 
ing a temperature of at least 75°F (24°C), 
provided that the product is labeled to 
show that it is effective in water having a 
hardness value at least equal to that of the 
water being used. 

(bj Day Care Facilities I icensed for 25 or .More 
Children: 

(1) Kitchen equipment requirements shall in- 
clude the foUowin": 



(A) Commercial kitchen equipment meet- 
ing NSF (National Sanitation Founda- 
tion) standards or equivalent shall be 
required in day care facilities licensed for 
25 or more children; 

(B) Kitchen equipment shall include at least 
a three compartment sink with 
drainboards, refrigeration equipment, and 
cooking equipment. 

(2) A separate sink with drainboard for the 
effective washing of vegetables shall be 
provided when shown to be necessary. 

(3) Day care facilities using single- service 
utensils and not preparing food other than 
simple snacks, shall provide at least a 
two-compartment sink with drainboards, 
refrigeration equipment, and a separate 
handsink. 

(c) Fquipment that was installed in a day care 
facility prior to the effective date of these Rules 
and that does not meet all the design and fabri- 
cation requirements of this Section shall be 
deemed acceptable if it is in good repair, capable 
of being maintained in a sanitary condition, and 
the food contact surfaces are nontoxic. Re- 
placement equipment and new equipment ac- 
quired after the effective date of these Rules shall 
meet the requirements of this Section. Upon 
change of ownership, or the closing of the oper- 
ation and the issuance of a new license, the day 
care facility shall comply with all the rules of this 
Section. 

Statutory Authority G.S. 110-91. 

.281 1 CLE.VMNG AND SANITIZING OF 
EQl II'MENT ,\ND LTFNSILS 

(a) Multi-use tableware, including highchair 
feeding trays, shall be washed, rinsed, and 
samtized after each use. 

(b) Food-contact surfaces of equipment and 
utensils shall be washed, rinsed, and sanitized: 

(1) I:ach time there is a change from raw to 
ready-to-eat foods; 

(2) Each time there is a change in processing 
between types of raw animal products 
such as beef, fish, lamb, pork, and 
poultry; 

(3) After any subst;mtial interruption of op- 
erations in which contamination may 
have occurred; 

(4) WTiencver necessitated by food temper- 
ature, room temperature, type of food, 
and food particle accumulation; 

(5) After fmal use each working day. 

(c) Non-food contact surfaces of equipment 
shall be cleaned as often as is necessary to keep 



829 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



PROPOSED RULES 



the equipment free of accumulation of dust, dirt, 
food particles, and other debris. 

Statutory Authority G.S. 1 10-91. 

.2812 MANLAL CLEANING AND SANITIZING 

(a) For manual washing, rinsing, and sanitizing 
of utensils and equipment, at least a three- 
compartment sink with drainboards shall be 
provided and used. Sink compartments shall be 
large enough to accommodate all foodservice 
utensils involved; and each compartment shall 
be supplied with hot and cold water. 

(b) Drainboards of adequate size shall be pro- 
vided for proper handling of soiled utensils prior 
to washing and cleaned utensils following 
sanitizing. 

(c) Equipment and utensils shall be preflushed 
or prescraped and, when necessary, presoaked to 
remove gross food particles and soil. 

(d) Except for fixed equipment and utensils too 
large to be cleaned in sink compartments, manual 
washing, rinsing, and sanitb,ing shall be con- 
ducted in the following sequence: 

(1) Sinks shall be cleaned prior to use. 

(2) Equipment and utensils shall be thor- 
oughly washed in the first compartment 
with a hot detergent solution that is kept 
clean. 

(3) Equipment and utensils shall be rinsed free 
of detergent and abrasives with clean wa- 
ter in the second compartment. 

(4) The food-contact surfaces of equipment 
and utensils shall be sanitized in the third 
compartment by: 

(A) Immersion for at least one minute in 
clean, hot water at a temperature of at 
least 170°F; or 

(B) Immersion for at least two minutes in 
a clean solution containing at least 50 
parts per million of available chlorine at a 
temperature of at least 75°F (24°C); or 

(C) Immersion for at least two minutes in 
a clean solution containing at least 12.5 
parts per miUion of available iodine and 
having a pH not higher than 5.0 and at a 
temperature of at least 75°F (24°C); or 

(D) Immersion for at least two minutes in 
a clean solution containing at least 200 
parts per million of quaternary 
ammonium products and having a tem- 
perature of at least 75°F (24°C), provided 
that the product is labeled to show that it 
is effective in water having a hardness 
value at least equal to that of the water 
being used. 

(c) For utensils and equipment which are either 
too large or impractical to sanitize in a 



dishwashing machine or dishwashing sink, a 
spray-on or wipe-on sanitizer shall be used. 
When spray-on or wipe-on sanitizers are used, 
the chemical strengths shall be twice those re- 
quired for sanitizing multi-use eating and drink- 
ing utensils. Spray-on or wipe-on sanitizers shall 
be prepared daily and kept on hand for 
bactericidal treatment. 

(f) When hot water is used for sanitizing, the 
following facilities shall be provided and used: 

(1) An integral heating device or fixture in- 
stalled in, on, or under the sanitizing 
compartment of the sink capable of 
maintaining the water at a temperature of 
at least 170°F; and 

(2) A numerically scaled indicating 
thermometer, accurate to* -3°F, conven- 
ient to the sink for frequent checks of 
water temperature; and 

(3) Dish baskets of such size and design to 
permit complete immersion of the 
tableware, kitchenware, and equipment in 
the hot water. 

(g) A suitable testing method or equipment 
shall be available, convenient, and regularly used 
to test chemical sanitizers to insure minimum 
prescribed strengths. 

Statutory Authority G.S. 110-91. 

.2813 .MECHANICAL CLEANING AND 
SANITIZING 

(a) If mechanical dishwashing equipment is 
used, such equipment shall be constructed and 
operated in accordance with National Sanitation 
Foundation Standards or equal except as noted 
m Rule .2810(1)(A). 

(b) Machine or water line mounted numerically 
scaled indicating thermometers, accurate to^ 
-3°F, shall be provided to indicate the temper- 
ature of the water in each tank of the machine 
and the temperature of the fmal rinse water as it 
enters the manifold. 

(c) Adequate space for the proper handling of 
soiled utensils prior to washing and of cleaned 
utensUs following sanitization shall be so located 
and constructed as not to interfere with the 
proper use of dishwashing equipment. 

(d) Equipment and utensils shaU be flushed or 
scraped and, when necessary, soaked to remove 
gross food particles and soil prior to being 
washed in a dishwashing machine unless a pre- 
wash cycle is a part of the dishwashing machine 
operation. Equipment and utensils shaU be 
placed in racks, trays, or baskets, or on convey- 
ors, in a way that food-contact surfaces are ex- 
posed to the unobstructed application of 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



S30 



PROPOSED RULES 



detergent wash and clean rinse waters and that 
permits free draining. 

(e) Machines using chemicals for sanitization 
may be used provided that a suitable testing 
method or equipment shall be available, conven- 
ient, and regularly used to test chemical sanitizers 
to insure minimum prescribed strengths. 

(f) All dishwashing machines shall be thor- 
oughly cleaned at least once a day or more often 
when necessary' to maintain them in a satisfactory' 
operating condition. 

(g) /Vfter sanitization, all equipment and 
utensils shall be air dried. 

Statutory Authority G.S. 1 10-91. 

.2814 FOOD SKRMCE EQUIPMENT AND 
LTENSIL STOR.\GE 

(a) Cleaned and sanitized equipment and 
utensils shall be handled in a way that protects 
them from contamination. Spoons, knives, and 
forks shall be touched only by their handles. 
Cups, glasses, bowls, plates, and SLmilar items 
shall be handled without contact with inside sur- 
faces or surfaces that contact the user's mouth. 

(b) Cleaned and sanitized utensils and equip- 
ment shall be stored above the floor in a clean, 
dry location in a way that protects them from 
contamination and facilitates floor cleaning. The 
food-contact surfaces of fixed equipment shall 
also be protected from contamination. Equip- 
ment and utensils shall not be placed under ex- 
posed sewer lines or water lines, except for 
automatic fire protection sprinkler heads that 
may be required by law. 

(c) Single-ser\'ice utensils shall be purchased 
only in sanitary' containers, shall be stored in a 
clean, dry container until used, and shall be han- 
dled in a sanitary manner. 

Statutory Authority G.S. 110-91. 

.2815 WATER SLF'PLY 

(a) Running water under pressure shall be 
provided in sufficient quantities to meet the needs 
of cooking, cleanmg, drinking, toilets, and out- 
side uses without producing water pressure lower 
than 20 psi. 

(b) Wlien a private water supply is used, it shall 
be located, constructed, maintained and operated 
in accordance with the Rules Governing the 
Protection of Private Water Supplies Section 
.1700 of North Carolina Administrative Code 
Title 10 Department of Human Resources 
Chapter 10 Health Services; En\ ironmental 
Health Subchapter lOA. Samples of water shall 
be collected by the En\ ironmental Health Spe- 
cialist and submitted to a state certified labora- 



tory' for bacteriological analysis annually. Other 
tests of water quality, as indicated by possible 
sources of contamination, may be collected by 
the Environmental Health Speciahst. 

(c) No cross-connections with an unapproved 
water supply shall exist. If potential back-flow 
conditions exist, an approved back-flow pre- 
vention device shall be provided. 

(d) Water heating equipment that is sufficient 
to meet the maximum expected requirements of 
the child day care facility shall be provided. Ca- 
pacity and recovery' rates of hot water heating 
equipment shaU be based on number and size of 
smks, capacity of dishwashing machines, capacity 
of laundering machines, diaper changing facilities, 
and other food service and cleaning needs. Hot 
and cold water under pressure shall be easily ac- 
cessible to all rooms where food is processed or 
handled, rooms in which utensils or equipment 
are washed, and other areas where water is re- 
quired for cleaning and sanitizing, including 
lavatories and diaper changing areas. 

(e) Hot water heating equipment shall provide 
hot water at a minimum temperature of 130°F 
(54'C) at the point of use when hot water is not 
used for sanitizing. When hot water is used for 
sanitizing, a minimum temperature of 140°F 
(60°C) shall be provided at the point of use. 
However, hot water to those areas accessible to 
children, including lavatories serving diaper 
changing areas, shall be no less than 90^F and 
shall not exceed 110°F. 

Statutory Authority G.S. 110-91. 

.2816 DRINKING WATER FACILITIES 

(a) Drinking fountains of an approved type or 
individual drinking utensils shall constitute ap- 
proved drinking water facilities. 

(b) Drinking fountains, if provided, shall be of 
sanitary angle-jet design properly regulated and 
kept clean. The pressure shall be regulated so 
that the individual's mouth does not come in 
contact with the nozzle and so that water does 
not splash on the floor. 

(c) All multi-use utensils used for drinking 
purposes shall be easUy cleanable and thoroughly 
cleaned and sanitized after each use. Disposable 
utensUs used for drinking water shall be stored 
and handled so as not to become contaminated. 

(d) Baby bottles shall be properly- labeled 
identifying the appropriate child. Drinking water 
in baby bottles shall be stored and handled in 
such a manner as to be protected against con- 
tamination. 

Statutory Authority G.S. 1 10-91. 



S3 1 



5:12 NORTH CAROLINA REGLSTER September 14, 1990 



PROPOSED RULES 



.2817 TOILETS 

(a) All toilet fixtures and toilet rooms shall be 
of a sufficient number and shall be located to 
comply with the requirements of these Rules. 
AH toilet fixtures shall be easOy cleanable, in 
good repair, and kept free of storage. Toilet fix- 
tures shall be child-sized, or properly adapted 
adult toilets. 

(b) ToUets shall be cleaned and sanitized as 
needed and at least on a daily basis. A solution 
of 100 ppm chlorine solution or other methods 
approved by the Environmental Health Specialist 
shall be used for sanitizing. 

(c) If potty chairs are used, a spray rinse toUet 
or utility sink in addition to any handwash 
lavatories, shall be located in a toilet room for the 
purpose of cleaning potty chairs. After cleaning, 
potty chairs shall be sanitized with 100 ppm 
chlorine solution or by other methods approved 
by the Environmental Health Specialist. 

(d) If cloth diapers are used, the diaper chang- 
ing area shall be located in close pro.ximity to a 
toilet room or flush-rimmed sink. 

Statutory Authority G.S. 1 10-91. 

.2818 L.\V.\TORIES 

(a) Lavatories shall be of sufficient size and 
number to comply with the appropriate 
handwashing requirements of these Rules, easily 
cleanable, in good repair, and kept free of storage. 
Lavatories shall be mounted at an appropriate 
height to accommodate the children, or otherwise 
made accessible. 

(b) AH lavatories shall be equipped with hot 
and cold running water through mixing faucets 
except that automatically mixing faucets or pre- 
mixing devices which provide water at the tem- 
perature specified in Rule .2815(e) of this Section 
may be provided. 

(c) Lavatories shall be cleaned and sanitized as 
needed and at least on a daily basis. A solution 
of 100 ppm chlorine or other approved methods 
shall be used for sanitizing. 

(d) Soap and disposable towels shall be pro- 
vided at even,' handwash lavatory area. 

(e) Separate lavatories shall be provided for use 
by staff in kitchens and other food preparation 
areas or dishwashing areas. 

(f) Handwash signs shall be posted at each 
employee handwashing lavatory. 



(b) Diapering surfaces shall be smooth, 
nonabsorbent, easily cleanable and of tight con- 
struction and shall be approved by the Environ- 
mental Health Specialist. 

(c) Diapering surfaces shall be kept free of 
storage and shall be cleaned and sanitized after 
each changing. A solution of 100 ppm chlorine 
or equivalent methods approved by the Envi- 
ronmental Health Specialist shall be used for 
sanitizing. A suitable testing method or kit shall 
be available, convenient, and regularly used to 
insure compliance with the minimum prescribed 
strength. This sanitizer shall be made fresh daily 
and used from a labeled hand pump spray bottle. 

(d) Each diaper changing area in a facility li- 
censed for 13 or more children shall include a 
handwash lavatory for caregivers. Eor a facility 
licensed for less than 13 children, a handwash 
lavatory shall be conveniently located to diaper 
chan^g areas. 

(e) The use of disposable latex gloves by 
caregivers during the diaper changing process is 
required if the worker has cuts or sores on hands 
or chapped hands. Gloves shall be discarded af- 
ter use with each child. 

(f) Caregivers shall not rinse soUed cloth 
diapers. SoUed cloth diapers shall be sent to a 
diaper service or placed in a tightly closed plastic 
bag or other container approved by the Envi- 
ronmental Health Specialist and sent daily to the 
child's home to be laundered. 

(g) Pre-moistened towelettes or damp paper 
towels shall be used for cleaning children during 
the changing process. SoUed paper or towelettes 
shall be discarded after use with each child and 
shall be disposed of in a covered plastic-lined re- 
ceptacle. 

(h) Disposable diapers shall be placed in a 
cleanable, plastic lined, covered container and 
removed to an exterior garbage area on a fre- 
quent, regular basis. 

(i) Caregivers shall wash hands vigorously for 
at least 15 seconds with soap and running tem- 
pered water after each diaper change at the 
lavatory designated for that purpose. 

(j) The child's hands shall be washed after each 
diaper change. 

(k) A sign instructing caregivers in proper 
methods of diaper changing, handwashing and 
area clean-up shall be posted at each diaper 
changing area. 



Statuton.! Authority G.S. 110-91. 



Statutory Authority G.S. 110-91. 



.2819 n[.APERlNr, AND DI.APER CHANGING 
FACILITIES 

(a) Infants and toddlers shall be diapered at 
areas designated exclusively for diapering. 



.2820 STORAGE 

(a) Rooms or spaces shall be provided for the 
storage of equipment, furniture, toys, clothes, 
beds, cots, mats, and supplies and shall be kept 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



832 



PROPOSED RULES 



clean. Shching or other storage, constructed in 
a manner to facilitate cleaning, shall be provided 
for orderly storage of supplies, including mats 
and toys. 

(b) All corrosive agents, insecticides, 
rodcnticides, herbicides, bleaches, detergents, 
polishes, items containing petroleum products, 
any product which is under pressure in an aerosol 
dispensing can, and any substance which may be 
hazardous to a child if ingested, inhaled, or han- 
dled shall be stored in a locked storage room or 
locked cabinet. Keys shall be kept out of the 
reach of a child. 

(c) A properly mi.\ed sanitizing solution ap- 
pro\'ed by the Imvrronmcntal Health Specialist 
that is kept in the infant and toddler diaper 
changing areas shall not be required to be stored 
in a locked storage room or locked cabinet. In 
these areas, this sanitizer shall be clearly labeled 
and shall not be accessible to infants and 
toddlers. 

(d) Medications shall be stored in a separate 
locked cabinet or other locked container. 
Medications which require refrigeration shall be 
stored in a locked box or locked container in a 
designated area for such storage in a refrigerator 
which is not accessible to clnldren. 

(e) Indi\idu;il cubicles, lockers, or coat hooks 
shall be provided for storage of coats, hats, or 
similar items. Coat hooks shall be spaced at least 
12 inches apart. Indi\idual toothbrushes or 
combs used by children shall be stored in a sani- 
tary manner. 

Sldtutoty Authority G.S. 110-91. 

.2821 BEDS, COTS. M.ATS, .\M5 LINENS 

(a) rVll beds, cribs, cots, and mats shall be in 
good repair, properly stored, cleaned regularly 
and sanitized between users. 

(b) Indi\idual cribs, portable cribs, or play pens 
used for sleeping shall be easUy cleanable. of tight 
construction and equipped with a mattress made 
of waterproof, washable material at least two 
inches thick. The mattress shall fit snugly so that 
an adult can fit no more than two lingers be- 
tween the mattress and the crib, portable cnb or 
play pen. 

(c) All beds, cots or mats shall be assigned and 
labeled for each individual child, and equipped 
with indi\idual linens. .Ml linen shall be kept 
clean and in good repair. 

(d) Mats shall be of a waterproof, washable 
material at least two inches thick and shall be 
stored so that the floor side does not touch the 
sleeping side or by a method appro\ed by the 
En\ironmental Health Specialist. 



(e) Beds, cribs, cots, mats and playpens shall 
be placed at least 18 inches apart when in use. 

(f) No double or multi-decked cribs, cots, or 
beds shall be used. 

(g) Linen shall be stored with the individual 
mat or cot until laundered or stored individually 
for each child in a designated area if taken off the 
mats or cots. Linen shall be laundered a mini- 
mum of one time per week, or more often as 
needed. Linen used for more than one child shall 
be laundered between users. Linen used in infant 
rooms shall be changed and laundered as needed 
and at least on a dally basis. Linens shall be large 
enough to cover the sleeping surface. 

Statutory Authority G.S. 110-91. 

.2822 FLRNITl RE .\ND TOYS 

(a) Furniture shall be of easily cleanable con- 
struction, and shall be kept clean and in good 
repair. 

(b) Equipment and toys provided by the facihty 
shall be of easily cleanable construction, and shaU 
be kept clean and in good repair. In infant and 
toddler rooms, mouth-contact surfaces shaU be 
sanitized at least daily and more frequently if 
necessary. 

(c) Toys, furniture, cribs, or other items, having 
the presence of lead-based paint shall not be 
used. 

Statutoty Authority G.S. 1 10-91. 

.2823 PERSONNEL 

(a) Employees shall maintain a high degree of 
personal cleanliness and conform to hygienic 
practices while on duty. Employees shall keep 
their tingemails clean and trimmed. Eingemail 
polish shall not be worn by food senice person- 
nel. 

(b) Employees shall wear clean outer clothing. 

(c) Hair nets, caps, or other effective hair re- 
straints shall be worn by employees engaged in 
the preparation of food. 

(d) Tobacco use in any form is prohibited in 
the food preparation area, in any part of the day 
care facility accessible to the children, and in the 
playground area. 

(c) Persons with a communicable disease or a 
communicable condition shall be excluded from 
situations in which transmission can be reason- 
ably expected to occur, in accordance with 
Communicable Disease Control .Measures (15A 
NCAC 19A .0200). .'Vny person with boils, 
sores, bums, infected wounds or other potentially 
draining lesions on the face, neck, hands, lower 
arms or other exposed skin shaU properly 
bandage affected area to eliminate exposure to 



Si3 



5:12 NORTH CAROLLVA REGISTER September 14, 1990 



PROPOSED RULES 



drainage. If exposure to drainage can not be 
eliminated or proper handwashing can not be 
maintained, then the employee shall be excluded 
from the facility while the condition exists. 

(f) Volunteer personnel shall adhere to the 
same requirements in these Rules as employees. 

Statutory Authority G.S. 110-91. 

.2824 FLOORS 

(a) Floors and floor coverings of all food 
preparation, food storage, utensil-washing areas, 
toilet rooms, and laundr>' areas shall be con- 
structed of smooth durable material such as 
sealed concrete, tcrrazzo, ceramic tUe, durable 
grades of linoleum or plastic, or tight wood 
impregnated with plastic. All floors shall be 
smooth and shall be kept clean and maintained 
in good repair. 

(b) Carpeting used as a floor covering shall be 
of closely woven construction, properly installed, 
and easily cleanable, such as 100 percent Olefin 
fiber carpet and backing, and shall be kept clean 
and maintained in good repair. Carpeting is 
prohibited in food preparation, equipment, 
utensil-washing areas, food storage areas, laundry' 
areas, and toilet rooms. 

Statutoiy Authority G.S. 1 10-91. 

.2825 \\ AIJ.S AND CKILINGS 

(a) The walls and ceilings, including doors and 
windows, of all rooms and areas shall be kept 
clean and in good repair. All walls shall be 
smooth, nonabsorbent, and easily cleanable. 

(b) Ceilings in rooms in which food is stored, 
handled or prepared, utensil washing rooms, and 
toUet rooms shall be smooth, non-absorbent and 
easUy cleanable. 

(c) Any lead-based paint readily accessible to 
children, as defined in 15A NCAC 191, shall be 
removed. 

Statutoiy Authority G.S. 110-91. 

.2826 l.ir.miNG AM) IIIERMAL 
KWIRONMEM 

(a) All rooms and enclosed areas shall be well 
Ughted by natural or artificial means. Lighting 
shall be capable of illumination to at least 50 foot 
candles at work surfaces. Light fixtures in all 
areas shall he kept clean and in good repair. 
Properly shielded bulbs or shatterproof bulbs 
shall be used in food preparation, storage, and 
serving areas and in all rooms used by children. 

(b) All rooms used by children shall be heated, 
cooled, and ventilated to maintain a temperature 
between 65' I- and 80'F. Ventilation may be in 



the form of operable windows which are screened 
or by means of mechanical ventilation to the 
outside. Windows and window treatments shall 
be kept clean and in good repair. All ventilation 
equipment, including heating and cooling vents, 
fans, and all special ventilation equipment which 
is required for kitchens and toilet rooms, shaU be 
kept clean and in good repair. 

Statutory Authority G.S. 110-91. 

.2827 COMMIMCABLE DISEASES AND 
CONDinONS 

(a) Any child who becomes ill at the facihty 
and is suspected of having a communicable dis- 
ease or communicable condition shall be sepa- 
rated from the other children until the child 
leaves the facility. 

(b) Lach facility shall include a designated area 
for a child who becomes ill. Such space shall be 
equipped with a bed or cot and a vomitous re- 
ceptacle. All materials shall be sanitized after 
each use. Linens and disposables shall be 
changed after each use. 

(c) If the area is not a separate room, it shall 
be separated from space used by other children 
by a partition, screen or other means appro\cd 
by the Lnvironmental Health Sp>eciahst. It shall 
be in close proximity to a toUet and lavatory, and 
where health and sanitation measures can be 
carried out without interrupting activities of other 
children and staff. 

Statutoiy Authority G.S. 1 10-91. 

.2828 HANDWASHING 

(a) Lmployees shall be instructed that 
handwashing is the single most import;mt line of 
defense in prc\enting the transmission of 
disease-causing organisms. Employees shall 
wash hands upon reporting for work; before 
handling food, feeding infants or children, handl- 
ing clean utensils or equipment; after toileting, 
handling of body fluids (e.g. saliva, nasal se- 
cretions, vomitus, feces, urine, blood, secretions 
from sores, pustulant discharge); after diaper 
changing; and after handling soiled items such as 
garbage, mops, cloths, and clothing. 

(b) Cliildren shall wash hands after each visit 
to the toilet and before catine meals or snacks. 



(c) 
elude: 

(1) 
(2) 

(3) 



Proper handwashing procedures shall in- 

Lsing soap and tempered running water; 
Rubbing hands vigorously with soap and 
tempered water for 1 5 seconds; 
Washing all surfaces of the hands, to in- 
clude the backs of hands, palms, wrists, 
under tmgemails, and between fingers; 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



834 



PROPOSED RULES 



(4) Rinsing well for 10 seconds; 

(5) Drying hands with a paper towel or me- 
chanical dryer; 

(6) Turning off faucet with paper towel. 

Statutory Authority G.S. 110-91. 

.2829 LIQUID WASTES 

All sewage shall be disposed of in an approved 
sanitary' sewage system. 

Statutory Authority G.S. J/0-91. 

.2830 SOLID WASTES 

(a) Solid wastes containing food scraps or other 
putrescible materials shall, prior to disposal, be 
kept in durable, rust-resistant, non-absorbent, 
water-tight, rodent-proof, and easily-cleanable 
containers such as standard garbage cans which 
shall be covered with tight hds when filled or 
stored or not in continuous use. Refuse includ- 
ing scrap paper, cardboard boxes and similar 
items shall be stored in containers, rooms or 
designated areas approved by the Environmental 
Health Specialist. 

(b) I-acilities shall be provided for the washing 
and storage of all garbage cans and mops for day 
care facilities licensed for 13 or more children. 
Cleaning facilities shall include combination fau- 
cet, hot and cold running water, threaded nozzle, 
and curbed impervious pad sloped to drain in 
accordance with Rule .2829 of this Section. 
Other can cleaning facilities approved prior to the 
effective date of these Rules shall be deemed ap- 
proved if in good repair and functioning properly. 
Can cleaning facilities replaced after the effective 
date of these Rules shall meet the requirements 
of this Section. 

(c) Where containerized systems are used for 
garbage storage, facilities shaU be provided for the 
cleaning of such systems. 

(d) Solid wastes shall be disposed of with suf- 
ficient frequency and in such a manner as to 
prevent insect breeding and public health nui- 
sances. 

Statutory Authority G.S. 1/0-9/. 

.2831 \M\L\L AND \ERMIN CONTROL: 
PREMISES 

(a) Unrestrained animals, except those used in 
appro\'cd pet therapy programs, shall not be al- 
lowed in the day c;ire facility, including the out- 
door pla\ area. Animals shall not be allowed in 
the food preparation areas. Animal cages shall 
be kept clean. 

(b) Effective measures sh:iU be taken to keep 
insects, rodents, and other vennin out of the 



child day care facilities and to prevent their 
breeding or presence on the premises. 

(c) All openings to the outer air shall be pro- 
tected against the entrance of flying insects. For 
extermination of flying insects, only approved 
pyrethrin-based insecticides or a fly swatter shall 
be used in the food preparation areas. Products 
shall be used only in accordance with directions 
and cautions appearing on their labels. 
Insecticides shall not come in contact with raw 
or cooked food, utensils, or equipment used in 
food preparation and serving, or with any other 
food contact surface. 

(d) Only those pesticides which have been 
properly registered with the appropriate federal 
regulatory agency and the North Carolina De- 
partment of Agriculture shaO be used. Pesticides 
shall be used in accordance with the directions 
on the label and shall be stored in a locked stor- 
age room or cabinet separate from foods and 
medications. 

Statutory Aut/iority G.S. I /0-9J. 

.2832 OUTDOOR AREAS 

(a) The premises, including the outdoor play 
area, shall be kept clean, drained and free of htter 
and hazardous materials. Grass and other vege- 
tation shall be maintained in a manner which 
does not encourage the harborage of vermin. 

(b) AU outdoor activity areas shall be kept 
clean. All debris, glass, dilapidated structures, 
and broken play equipment shall be removed. 
The play areas shall be free from unprotected 
weUs, grease traps, cisterns, and utility equip- 
ment. 

(c) For outdoor play equipment, the following 
shaD apply: 

(1) Equipment finishes shall flot include toxic 
paint or hazardous wood preservative 
treatment and shall be kept free of rust 
and corrosion; 

(2) The sandbox used in outdoor play shall 
be constructed to allow for proper drain- 
age and shall be kept clean. 

Statutory Aut/writy G.S. J/0-9J. 

.2833 SWIMMING AND WADING POOLS 

(a) Swimming and wading pools shaU be de- 
signed, constructed, operated and maintained in 
accordance with the N.C. Rules Governing 
Swimming Pools, 15A NCAC ISA .2500. 
Copies of these Rules may be obtained from the 
N.C. Department of Environment, Health, and 
Natural Resources, Environmental Health Divi- 
sion, P.O. Box 27687, Raleigli, N.C. 2761 1-7687. 



Si5 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



PROPOSED RULES 



(b) Unfiltercd and nondisinfectcd containments 
of water shall not be utilized for water recreation 
activities. Swimming and wading pools shall be 
permanent structural features of the facility. 

Statutory Authority G.S. 1 10-91. 

.2834 COMPLI.ANCE 

(a) The Environmental Health Specialist shall 
indicate on the Sanitations Standards Evaluation 
Eorm for Day Care Facilities whether the facility 
is superior, approved, provisional, or disap- 
proved. The superior, approved, provisional, or 
disapproved status of a child day care facility is 
based on the facility's compliance with the 
standards for construction and operation found 
in this Section. 

(b) The degree of the facility's compliance is 
indicated by the total demerit-point score which 
is shown on the Sanitation Standards Evaluation 
Eorm that the Environmental Health Specialist 
completes. 

(1) Prior to the issuance of an initial license, 
the facility shall comply with all items of 
this Section as determined by the Envi- 
ronmental Health Specialist; 

(2) A facility shall be classified as superior if 
the total demerit score is not more than 
15 and no 6-demerit point item is violated; 

(3) A facility shall be classified as approved if 
the total demerit score is more than 15 
and not more than 30, and no 6-demerit 
point item is violated; 

(4) A facility shall be classified as provisional 
if any 6-demerit point item is violated, or 
if the total demerit point score is more 
than 30 but not more than 45. This pro- 
visional period shall not exceed seven days 
unless construction or renovation is nec- 
essary to correct any violation, in v.'hich 
case the Environmental Health Specialist 
may allow a longer provisional period; 

(5) A facility shall be classified as disapproved 
if the demerit score is 46 or more or, if 
conditions which resulted in a pro\isional 
classification have not been corrected in 
the time period specified by the Environ- 
mental Health Specialist; 

(6) If the 7-day provisional status is extended, 
or upon reinspection additional demerits 
are found, or the facility is disapproved, 
the Child Day Care Section shall he noti- 
fied immediately by forwarding a copy of 
the inspection report to the Child Day 
Care Section. The Environmental Health 
Specialist shall notify the Child Day Care 
Section in accordance with Rule .2803 of 
this Section. 



Statutory Authority G.S. 1 10-91. 

.2835 APPEALS PROCEDURE 

Appeals concerning the interpretation and 
enforcement of the rules in this Section shall be 
made in accordance with G.S. 110 and G.S. 
150B. 

Statutory Authority G.S. 110-91. 

CHAPTER 21 - HEALTH: PERSONAL HEALTH 

SUBCHAPTER 21 B - MATERNAL AND CHILD 
HEALTH 

SECTION .0300 - RURAL OBSTETRICAL CARE 
INCENTIVE FLNDS 

.0301 GENERAL 

Rural Obstetrical Care Incentive Eunds are ad- 
ministered by the Maternal aft4 Child Health 
Branch. The funds are used to reimburse physi- 
cians and nurse-midwives for a portion of 
malpractice insurance premiums as an incentive 
to physicians and nurse-midwives to practice 
obstetrics in underser\ed counties. 

Statutory Authority S. L. 19S7, c. 1100, s. 39.3. 

.0302 APPLIC.VriON FOR FUNDS 

(a) Local health departments in counties that 
are underserv'ed with respect to obstetrical care 
may apply to the Maternal em4 Child Health 
Branch for rural obstetrical care incentive funds. 
A physician or a nurse-midwife may request a 
local health department to apply for the funds. 

(b) A county is considered underserved with 
respect to obstetrical care if the county meets one 
or more of the following criteria, listed in order 
of priority: 

(1) there are no public or private prenatal 
ser\'ices available within the county; 

(2) there is no public prenatal clinic available 
within a health department, hospital or 
primary care center that ser\'es low in- 
come pregnant women within the county; 

(3) there is a public prenatal cUnic, but no 
physician or nurse-midwife to staff the 
clinic or to provide physician back-up for 
physician extenders; 

(4) the county has inadequate obstetrical 
coverage, demonstrated by such factors as: 
a waiting list of 28 calendar days or more 
for an appointment at the public prenatal 
clinic; 50 percent or more of resident live- 
births occur outside the county; the five 
year infant mortality or premature birth 
rate is greater than the five year state rate; 



5:12 NORTH CAROLIK4 REGISTER September 14, 1990 



S36 



PROPOSED RULES 



the percentage of resident live births to 
women who received no prenatal care or 
inadequate prenatal care exceeds the state 
rate; 50 percent or less of physicians or 
nurse-midwives who practice obstetrics in 
the county e xcept accept Medicaid recipi- 
ents in their private practice; more than 
15 percent of resident hve births are to 
women who receive theix prenatal care 
from pubUc clinics; the percentage of resi- 
dent live births to women who initiated 
prenatal care in the fu-st trimester is lower 
than the state rate; or the percentage of 
resident live births to women who initi- 
ated prenatal care in the third trimester is 
greater than the state rate. 

(c) The Maternal aft4 Child Health Branch 
shall send a request for apphcations to local 
health departments that includes a deadline for 
receipt of applications. 

(d) Local health departments that apply for 
rural obstetrical care incentive funds shall include 
in the application: 

(1) a coverage plan, developed in cooperation 
with ehgible physicians, nurse-midwives, 
that addresses prenatal and dehvery care 
for low income women in the county, and 
quality of care; 

(2) contracts with eligible physicians and 
nurse-midwives who agree to participate 
in the local health department's coverage 
plan and provide the services required by 
Rule .0906; the contracts may be contin- 
gent upon the a\'ailability of rural 
obstetrical care incentive funds; and 

(3) evidence that receipt of these funds will 
improve or rectify the problems with 
obstetrical coverage in the county. 

Statutoiy Authority S.L. I9S7, c. 1100. s. 39.3. 

.0303 PHVSICI.VNS .\ND MRSF-MIDWU ES 
ELIGIBLE TO P.\RTICIP.\TE 

(a) A physician or nurse-midwife is ehgible to 
receive rural obstetrical care mcentive funds if the 
physician or nurse-midwife: 

(1) is licensed to practice medicine or ap- 
proved to practice midwifery in North 
Carohna; and 

(2) carries malpractice habihty insurance that 
is not being totally or partially paid for the 
physician or nurse-midwife as an em- 
ployee of the federal government or by an 
institution of higher learning or an affdiate 
of the institution. 

(b) A physician or nurse-midwife does not have 
to reside in the underscr\ed county to be eligible 
to participate. 



Statutory Authority S. L. 1987. c. J JOG, s. 39.3. 

.0304 DISBLRSEMENT OF FUNDS 

(a) Subject to the availabihty of funds, the 
Maternal afi4 Child Health Branch shall disburse 
rural obstetrical care incentive funds to local 
health departments that have submitted an ap- 
proved appUcation as follows: 

(1) fu"st priority shall be given to those coun- 
ties that meet the criteria in Rule 
.0902(b)(1), second priority shall be given 
to those counties that meet the criteria in 
Rule .0902(b)(2), third priority shall be 
given to those counties that meet the cri- 
teria in Rule .0902(b)(3), and fourth pri- 
ority shall be given to those counties that 
meet one or more of the criteria in Rule 
.0902(b)(4); 

(2) the Maternal aft4 Child Health Branch 
shall rank and disburse funds to under- 
served counties within each priority group 
according to the anticipated improvement 
in obstetrical coverage that will result 
from funding; and 

(3) Counties funded shall receive ongoing 
funding based upon a renewal appUcation 
that has been reviewed and approved by 
the Di' i ision ef Maternal aft4 Child 
Health Branch. 

(b) For each ehgible physician with whom the 
local health department contracts, the depart- 
ment will be paid either the difference between 
the physician's premiums with obstetrical care 
coverage and without obstetrical care coverage, 
or six thousand five hundred dollars ($6,500), 
whichever is less. Payment shall be based upon 
a maximum of one million one million dollars 
($1,000,000,51,000,000) coverage. The loc:d 
health department will then pay this amount to 
the physician to cover a portion of the physi- 
cian's annual malpractice insurance premiums. 
The total payments to one physician cannot ex- 
ceed the above amount. 

(c) For each eUable nurse-midwife with whom 
the local health department contracts, the De- 
partment will be paid the nurse-midwife's premi- 
ums not to exceed three thousand dollars 
($3.0f)0). The local health department will then 
pav this amount to the nurse-midwife to cover a 
portion of the nurse-midwife's annual 
malpractice msurance premiums. I'he total pay- 
ments to one nurse-midwife cannot exceed the 
amount stated in this Paragraph. 

(d) fe-)- No more than nmeteen thousand five 
hundred dollars ($19,500) may be disbursed to 
any underserved county. 



837 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



PROPOSED RULES 



(e) {4^ No funds may be disbursed to a health 
department in the absence of a contract with an 
eligible physician or nurse-midwife. 

Statutory Authority S.L. I9S7, c. 1100, s. 39.3. 

.0305 PARTICIPATION REQUIREMENTS 

FOR LOCAL HEALTH DEPARTMENTS 

A local health department that receives rural 
obstetrical care incentive funds shall: 

(1) maintain statistical and fiscal information 
required by the Maternal afi4 Child Health 
Branch to document participation by eligible 
physicians or nurse-midwives under the 
contract; and 

(2) assure that physicians and nurse-midwives 
participate in the coverage plan for the du- 
ration of the contract period. 

Statutory Authority S. L. 1987, c. 1100, s. 39.3. 

.0306 PARTICIPATION REQUIREMENTS 
FOR PHYSICIANS AND NLRSE 
MIDVVIVES 

A participating physician or nurse-midwife 



(a) 
shall: 

(1) 



provide prenatal care to low-income 
women by: 

(A) staffmg a public prenatal clinic ef pfe- 
viding (physicians may provide medical 
back-up fof and supcnision of physicians 
extenders providing services in a pubhc 
prenatal clinic; clinic): or 

(B) providing prenatal care in the physi- 
cian's or nurse-midwife's office. 

(2) take part in an on-call arrangement for 
coverage of obstetrical care, including de- 
liveries, for low income women who are 
residents of the underserved county; 

(3) not refuse to provide prenatal or delivery 
care for any patient based on economic 
status or ability to pay; and 

(4) participate in data collection efforts re- 
quired by the Maternal aft4 Child Health 
Branch. 

(5) agree to serve Medicaid recipients who 
request prenatal care. These sen'ices may 
be provided through the physician's or 
nurse-midwife's private practice, the local 
health department or other public clinic. 

(b) No participating physician or nurse- 
midwife shall be required to assume management 
of the care of any obstetrical patient if the level 
of care required for that patient is beyond the 
professional competence of that physician or 
nurse-midwife. 

(c) No participating physician or nurse-midwife 
shall be required to provide delivery services if 



the underserved county does not have a facility 
for obstetrical delivery. 

Statutory Authority S. L. 1987, c. 1 100, s. 39.3. 

TITLE 21 - OCCUPATIONAL LICENSING 
BOARD 



1\ otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the Board of Medical Examiners of 
the Stale of North Carolina intends to adopt 
rule(s) cited as 21 NCAC 32N .0001 - .0005. 

1 he proposed effective date of this action is 
March I, 1991. 

1 he public hearing will be conducted at 11:30 
a.m. on October 16, 1990 at the NC Board of 
Medical Examiners, 1313 Navaho Drh/e, Raleigh, 
NC 27609. 



Co 



'Omment Procedures: Persons interested may 
present written or oral statements relevant to the 
actions proposed at a hearing to be held as indi- 
cated above. Written statements not presented at 
the hearing should be directed before October 1 , 
1990, to the following address: Administrative 
Procedures, NC Board of Medical Examiners, 
P.O. Box 26S08, Raleigh. NC 27611-6808. 

CHAPTER 32 - BOARD OF MEDICAL 
EXAMINERS 

SLBCHAPTER 32N - FORMAL AND 
INFORMAL PROCEEDINGS 

.0001 INITIATION OF FORMAL HEARINGS 

Formal hearings shall be initiated pursuant to 
G.S. 90-14.1 or G.S. 90-14.2 and shall he con- 
ducted as provided in G.S. 90-14.4 through G.S. 
90-14.7. 



Statutory Authority G.S. 90-14.1; 
90-14.3: 90-14.4: 90-14.5; 90-14.6; 
150B-lt(l); 150B-38(h): 



90-14.2; 
90-14.7; 



.0002 CONTINUANCES 

Any person summoned to appear before the 
Board at a formal hearing pursuant to G.S. 
90-14.1 or G.S. 90-14.2 may seek to obtain a 
continuance of that hearing by filing with the 
Executive Secretary of the Board, as soon as the 
reason for continuance is known, a motion for 
continuance setting forth with specificity the rea- 
son the continuance is desired. Motions for 
continuances shaU be ruled upon by the Presi- 
dent and Executive Secretary of the Board or in 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



83S 



PROPOSED RULES 



the absence of the President, by the Secretary and 
Executive Secretary. Continuances will be 
granted only upon a showing of good cause. 



Statutory Authority G.S. 
I50B-II(I): l50B-3S(h). 



90-14.1: 90-14.2: 



.0003 DISQLALIFICATION FOR PERSONAL 
BIAS 

Any person summoned to appear before the 
Board at a formal hearing pursuant to G.S. 
90-14.1 or G.S. 90-14.2 may challenge on the 
basis of personal bias or other reason for dis- 
qualification the fitness and competency of any 
member of the Board to hear and weigh evidence 
concerning that person. Challenges must be 
stated by way of motion accompanied by affida- 
vit setting forth with specificity the grounds for 
such challenge and must be filed with the Exec- 
utive Secretary of the Board on a timely basis. 
Notliing contained in this Rule shall prevent a 
person appearing before the Board at a formal 
hearing from making timely personal inquiry of 
members of the Board as to their knowledge of 
and personal bias concerning that person's case. 



Statutory Authority G.S. 
I50B-//(J): I50B-3S(hj. 



90-14.1; 90-14.2: 



.0004 DISCOVERY 

In any formal proceeding pursuant to G.S. 
90-14.1 and G.S. 90-14.2, discovery may be ob- 
tained as provided in G.S. 150B-39 by either the 
Board or the person summoned to appear before 
the Board. Any request for disco\'ery made by 
a person summoned to appear before the Board 
shall be filed with the Executive Secretary of the 
Board. 

Statutory Authority G.S. 90-14. 1: 90-14.2: 
150B-1I{I): l50B-3S(h): 150B-39. 

.0005 INFORMAL PROCEEDINGS 

(a) In addition to formal hearings pursuant to 
G.S. 90-14.1 or G.S. 90-14.2, the Board may 
conduct certain informal proceedings in order to 
settle on an informal basis certain matters of dis- 
pute. A person practicing medicine pursuant to 
a License or other authority granted by the Board 
may be invited to attend a meeting with the 
Board or a committee of the Board on an in- 
formal basis to discuss such matters as the Board 
may adx'ise in its communication to the person 
inviting him or her to attend such meeting. No 
public record of such proceeding shall be made 
nor shall any individual be placed under oath to 
give testimony. ^Matters discussed by a person 



appearing informally before the Board may, 
however, be used against such person in a formal 
hearing if a formal hearing is subsequently initi- 
ated. 

(b) As a result of such informal meeting, the 
Board may recommend that certain actions be 
taken by such person, may offer such person the 
opportunity to enter into a consent order, may 
institute a formal hearing concerning such per- 
son, or may take other action as the Board may 
deem appropriate in each case. 

(c) Attendance at such an informal meeting is 
not required and is at the sole discretion of the 
person so invited. A person invited to attend an 
informal meeting shall be entitled to have counsel 
present at such meeting. 



Statutory Authority 
150B-38(h). 



G.S. 



I50B-II(I): 



TITLE 26 



OFFICE OF ADMIMSTRATFV E 
HEARESGS 



No 



otice is hereby given in accordance with G.S. 
I SOB- 12 that the Office of Administrative 
Hearings intends to amend rule(s) cited as 26 
NCAC 2A .0201 - .0203, .0205, .030 J - .0302, 
.0701. 

1 he proposed effective date of this action is 
January 20. 1991. 



Th 



he public hearing will be conducted at 9:30 
a.m. on October 15, 1990 at the Assembly Room, 
Methodist Building, 1307 Glenwood Avenue, 
Raleigh, NC 27605. 



Co 



yomment Procedures: Comments may be sub- 
rrtitted in writing or in person at the public hearing 
or in writing prior to October 15. 1990, to Elaine 
R. Steinbeck, APA Coordinator, P.O. Drawer 
11666, Raleigh, NC 27604. 

CHAPTER 2 - RLLES DHISION 

SLBCHAPTER 2A - NCAC 

SECTION .0200 - GENERAL FILING 
REQl fKEMENTS 

.0201 ADOPTION OF RLLES 

(a) An adoption is a completely new rule u ith 
a new rule number. 

(b) In order to be acceptable for fding with the 
Office of Administrative Hearings, ali each 
adopted rult'c rule shall be accompanied by a 
completed t\ped Submission for Filing form. 



Si9 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



PROPOSED RULES 



(c) The original and one copy of the rule as 
adopted shall be filed in the Office of Adminis- 
trative Hearings. The original shall be in the 
proper form required by Rule .0402 of this Sub- 
chapter. 

(d) If the adopted rule differs in any way from 
the proposed rule published in the North 
Carolina Register, the original shall identify 
changes by striking through deleted portions and 
underlining added portions. 

(e) If publication of the proposed rule in the 
North Carolina Register was not required, the 
fdmg shall be accomplished as set out in Para- 
graphs (a), (b) and (c) of this Rule. 

Statutory Authority G.S. I50B-60. 

.0202 .WIENDMENTS TO RLLES 

(a) Deletion, addition or change to an existing 
rule is an amendment to the rule. 

(b) In order to be acceptable for fding with the 
Office of Administrative Hearings, aH each 
amended ruloo rule shall be accompanied by a 
completed typed Submission for FHing form. 

(c) The original and one copy of the rule as 
amended shall be filed with the Office of Ad- 
ministrative Hearings. The original shall be in 
proper form as required by Rule .0402 of this 
Subchapter. 

(d) If the amended rule has text added or de- 
leted that differs from the proposed rule pub- 
lished in the North Carolina Register, those 
changes shall be highlighted on the copy of the 
original. 

Statutory Authority G.S. I50B-60. 

.0203 REPE.AL OF RULES 

(a) A repeal of a rule is the deletion of the en- 
tire text of a rule. When a rule is repealed, that 
rule number can not be used again. The number, 
catchhne, and fmal histon,' note will remain in the 
North Carolina Administrative Code perma- 
nently for publication and reference purposes. 

(b) In order to be acceptable for filing with the 
Office of Administrative Hearings, a statement 
of a repeal of a rule shall be accompanied by a 
completed typed Submission of Fihng form. 

(c) The original and one copy of a statement 
of repeal shall be filed with the Office of Admin- 
istrative Hearings. The original shall be in 
proper form as required by Rule .0402 of this 
Subchapter. 

(d) The statement of a repealed rule should 
contain only an introductory statement, rule 
number, catchline, and history note. No text will 
remain within the rule. 



Statutory Authority G.S. I50B-60. 

.0205 SUBMISSION FOR FILING FORM 

fa^ iRie Each rule must be accompanied by a 
completed typed Submission for Filing form eef- 
tifioo certifying that the rule being filed has been 
officially adopted, amended, or repealed. All 
Submission for Filing forms shall be signed by 
the agency head or a subordinate officer or em- 
ployee designated by the agency head in writing 
under G.S. 143B-10(;a). 

singl e form if the sam e proooduro (adoption, 
amondmont, &f r e p e al) ie being dono ©» oovoral 

n 1 It^r in t hrt f^ »-^^ --^ r-Vx o <->♦/-! «- '^ n .--1 f Vt r% 4«1 1 T-L 1-* Af^i nc r\ri A 

offectivo datoG afe the same. 
Statutory Authority G.S. I50B-60. 
SECTION .0300 - TEMPORARY RLLE%f.\KING 

.0301 FILING TEMPORARY RLLES: 

ADOPTIONS: AMENDMENTS: REPEALS 

In order to be acceptable for filing with the Of- 
fice of Administrative Hearings, ali each tempo- 
rary adoptions, omondmonto, e* r e poalo ©f rulos 
rule shall be accompanied by a completed typed 
Submission for Filina form, the proper copies 
required by Rules .0201, .0202, or .0203 of this 
Subchapter, a Certification of the fmding of need 
for the temporary rule, a Submission for Notice 
and fding that comphes with the requirements of 
26 NCAC 2B for publication in the North 
Carolina Register. 

Statutory Authority G.S. I50B-13; I50B-60. 

.0302 SUBMISSION FOR FILING FORM 

Each temporary' rule that is filed shall be ac- 
companied by a completed typed Submission for 
EUing form, provided that, moro than »«e tern 
poraP i' Rile hw^ be included »« the same form if 

fof the samo period ©f time. 

Statutory Authority G.S. J50B-60. 

SECTION .0700 - ELECTRONIC FILINGS 

.0701 RULES FILED THROUGH ATMS 
COMPUTER SYSTEM 

(a) If any agency is connected to the State 
Computer Center, rules may be fded through the 
AT\1S computer system. 

(b) The agency sh;ill also submit the a com- 
pleted typed Submission for Filing form for each 
rule and an original copy of ruloo the rule fded, 
as required by this Subchapter. The rules rule 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



840 



PROPOSED RULES 



shall be in the computer system in proper format person of the transmittal date. At this time, the 
upon filing. agency may delete the document from its storage. 

(c) In using this process, the agency shaU sub- 
mat with the filing an Electronic Filmg form. Statutory Authority G.S. I50B-60. 
The Otfice oi Admimstrative Heanngs shall re- 
turn a copy of the form notifying the contact 



841 5:12 NORTH CAROLINA REGISTER September 14, 1990 



FINAL RULES 



1 he List 



jf Rules Codified is a listing of rules that were filed to be effecti\-e in the month indicated. 



I\ules filed for publication in the \CAC may not be identical to the proposed text published pre- 
viously in the Register. Rules filed with changes are noted with ** Amended, ** Adopted. Please 
contact this office if you have any questions. 

/xdopted rules filed by the Departments of Correction, Revenue and Transportation are published 
in this section. These departments are not subject to the provisions ofG.S. I SOB, Article 2 requiring 
publication in the N.C. Register of proposed rules. 

Upon request from the adopting agency, the text of rules will be published in this section. 

1 unctuation, typographical and technical changes to rules are incorporated into the List of Rules 
Codified and are noted as * Correction. These changes do not change the effectrve dale of the rule. 

NORTH CAROLINA ADMrNISTRATI\ E CODE 

LIST OF RULES CODIFIED 

SEPTEMBER 1990 

AGENCY ACTION TAKEN 

nKPARTMFNT OF AGRICI LTl RE 

2 NCAC lOG .0304 * Correction 

48E .0101 Amended 

.0303 Amended 

.0401 Amended 

.0502 Amended 

.0601 Amended 

DEPARTMENT OF ECONOMIC AND COMMLMTY DE\FLOPMF,\T 

4 NCAC II .0102 **. Amended 

.0301 Amended 
.0303 - .0304 • Adopted 

.0401 Amended 

.0405 - Adopted 

.0701 • Adopted 

3C .0101 - .0102 .Ajnended 

.0104 Amended 

.01 10 -.01 11 ^Vmended 

.0203 - .0204 Adopted 

.0301 Amended 

.0401 .\mended 

.0403 - .0406 ' .Amended 

.0902 - .0903 Amended 

.1001 - .1002 Amended 

.1501 - .1502 Amended 

3D .0301 Amended 



5:12 NORTH CAROLINA REGISTER September 14, 1990 842 



FLXAL RULES 



NCAC 



7 


.0504 






.0506 - 


.0509 




.0510 






.0511 - 


.0516 


18 


.0304 




19L 


.0103 






.0301 - 


.0302 




.0401 






.0403 






.0407 - 


.0408 




.0502 






.0702 






.0901 






.0903 






.0905 - 


.0913 




.1002- 


.1004 




.1012 






.1101 






.1103- 


.1105 




.1203 






.1302 






.1401 - 


.1404 




.1501 - 


.1503 




.1505 




CORRFCTION 




2D 


.0502 




2F 


.0605 





Temp. Repealed 

Expires 02-28-91 

Temp. Repealed 

Expires 02-28-91 

Temp. Amended 

Expires 02-28-91 

Temp. Repealed 

E.xpires 02-28-91 

Temp. Amended 

Expires 02-03-91 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

.Amended 

Amended 

Amended 

Amended 

Amended 

Amended 



Amended 
Amended 



OFFICES OF GO\ERNOR/LIF,L TENANT GO\ ERNOR 

9 NCAC 2B Executive Order Number 123 

Eff. Julv 24, 1990' 



DEP.\RTME\T OF HLM.\N RESOLRCES 



10 



NCAC 



3U 


2501 - 

2503 

2504 

2505 

2506 


.2502 




2508- 


.2509 




2510 






2511 




8C 


0301 
0401 




SI 


0001 - 


.0003 


IOC 


0507 - 


.0508 




0511 - 


.0512 




0514 




lOD 


1610 




12 


0301 




21 A 


0101 





Amended 

** .Amended 

Amended 

** Amended 

Amended 

Amended 

** Amended 

Adopted 

Repealed 

Repealed 

Repealed 

Amended 

Amended 

Amended 

Repealed 

Repealed 

Repealed 



S43 



5:12 AORTH CAROLINA REGISTER September 14, 1990 



FINAL RULES 



21B 



21C 



21D 



23A 

30 

42C 

42D 

42Z 



44B 



44C 
46A 
46H 
46H 
47B 
498 
49C 
508 



.0102 
.0201 
.0302 
.0402 
.0501 
.0503 
.0106 
.0112 
.0113 
.0201 
.0411 
.0501 
.0001 
.0203 
.0301 
.0401 
.0101 
.0201 
.0501 
.0505 
.0217 
.2703 
.1407 
.0101 
.0201 
.0301 
.0401 
.0501 
.0601 
.0701 
.0801 
.0301 
.0303 
.0508 
.0512 
.0515 
.1410 
TOC 
.0107 
.0300 
.0404 
.0308 
.0302 
.0311 



.0203 
.0303 
.0406 

.0505 
.0111 

.0116 
.0204 
.0416 
.0502 
.0009 

.0303 
.0403 
.0103 
.0202 
.0502 



.0102 
.0204 
.0302 
.0405 
.0502 
.0604 
.0702 
.0805 



Amended 

Repealed 

Repealed 

Repealed 

Amended 

Repealed 

Repealed 

Amended 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Amended 

Amended 

Amended 

Amended 

** Amended 

** Amended 

** Amended 

Repealed 

Repealed 

Repealed 

Repealed 

Adopted 

Adopted 

Adopted 

Adopted 

** Amended 

** Amended 

** Amended 

Amended 

** Amended 

Amended 

* Correction 

* Correction 

* Correction 

* Correction 
Amended > 
Amended 
Amended 



DEP.\RTMENT OF l\Sl RANGE 



11 



NCAC 



12 



.0706 
.0834 

.1001 
.1016 



.1015 



♦ Correction 
Temp. Adopted 
Expires 02-13-91 
** Adopted 
Temp. Adopted 
Expires 02-13-91 



DEPARTMENT OF .11 STICE 



12 



NCAC 



.0202 
.0301 
.0401 



.0203 



Amended 
Amended 
Repealed 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



844 



FI.XAL RILES 



11 


.0301 




** Amended 


DFI'\RTMF,\T OF F ABOR 








13 NCAC 7C 


.0101 




.Ajncndcd 


DFF'ARTMENT OF ENVIRONMENT 


. HEALTH, 


AND NATLR.VL RESOURCES 


15A NCAC :F 


.0103 




* Correction 


IOC 


.0205 




* Correction 




.0501 




** Adopted 


lOH 


.0301 




** Amended 


13B 


.0101 




^Amended 




.0103 




Amended 




.0107 




Repealed 




.0202 




Amended 




.0501 




Amended 




.0503 - 


.0510 


xAmended 




.0601 




.-Vmended 




.0701 - 


.0702 


Amended 




.0704 




Amended 




.0707 




Repealed 




.0801 


X 


Repealed 




.0804 




Amended 




.0810 




Amended 


13C 


.0101 - 


.0102 


.Amended 




.0202 




Amended 




.0204 - 


.0205 


Amended 


16A 


.0101 




Amended 




.0102 




* Correction 




.0103- 


.0104 


Amended 




.0105- 


.0111 


* Correction 




.0201 - 


.0202 


.^mended 




.0203 




* Correction 




.0204 




Amended 




.0205 




* Correction 




.0206 




Amended 




.0207 - 


.0208 


* Correction 




.0209 




.'Vmended 




.0210 




* Correction 




.0301 




.Amended 




.0304 - 


.0306 


Amended 




.0308 - 


.0309 


.Amended 




.0310 




Repealed 




.0311 




.-Vmended 




.0401 - 


.0404 


.Amended 




.0407 - 


.0408 


Amended 




.0412 




.Amended 




.0501 - 


.0502 


.Amended 




.0505 - 


.0507 


Amended 




.0601 




.Amended 




.0701 




.Amended 




.0704 




.Amended 


17A 


.0101 - 


.0103 


Repealed 




.0201 - 


.0205 


Repealed 




.0301 - 


.0305 


Repealed 




.0401 - 


.0402 


Repealed 


17B 


.0101 - 


.0103 


Repealed 




.0201 - 


.0206 


Repealed 



S45 5:12 \ORTH CAROLINA REGISTER September 14, 1990 



FINAL RULES 



.0301 - .0302 Repealed 

17C .0101 - .0104 Repealed 

.0201 - .0203 Repealed 

17D .0101 - .0102 Repealed 

.0201 - .0204 Repealed 

18A .0101 - .0107 Amended 

.0109 -.01 10 Amended 

.01 13 -.01 14 Amended 

.01 16 -.01 18 Amended 

.0121 Amended 

.0126-0129 Amended 

.0132 Amended 

.0133 Repealed 

.0201 - .0203 Amended 

.0205 - .0207 Amended 

.0210 Amended 

.0215 - .0217 Amended 

.0219 Amended 

.0225 Amended 

.0227 - .0228 Amended 

.0230 Amended 

.0231 Repealed 

.0301 Amended 

.0303 - .0305 Amended 
.0413 - .0414 ■ Amended 

.0504 Amended 

.0608 Amended 

.0613 Amended 

.0618 Amended 

.0704 - .0706 Amended 

.0901 Amended 

.0914 Amended 

.1001 - .1004 Amended 

.1007 Amended 

.1010 -.1014 Amended 

.1016 -.1018 Amended 

.1020 -.1021 Amended 

.1024 -.1028 Amended 

.1030 Repealed 

".1031 Amended 

.1301 -.1302 Amended 

.1303 Repealed 

.1304 -.1305 Amended 

.1309 Amended 

.1311 -.1317 Amended 

.1319 -.1324 Amended 

.1326 Repealed 

.1401 -.1403 Repealed 

.1407 -.1410 Amended 

.1415 -.1417 Amended 

.1419 Amended 

.1422 Amended 

.1426 Repealed 

.1501 Amended 

.1504 -.150 5 ■ Amended 

.1510 -.1518 Amended 

.1523 Amended 

.1525 Repealed 

.1601 - .1602 Amended 



5:12 NORTH CAROLINA REGISTER September 14, 1990 S46 



18B 



18C 



FINAL RULES 




.1604- .1605 


Amended 


.1611 - .1612 


Amended 


.1614 


Amended 


.1616 - .1621 


Amended 


.1701 - .1719 


Repealed 


.1720 


Adopted 


.1801 - .1803 


Amended 


.1805 


Amended 


.1807- .1808 


Amended 


.1810- .1814 


Amended 


.1816 


Repealed 


.1817 


Amended 


.2201 


Amended 


.2208 


Amended 


.2217 


Amended 


.2301 - .2303 


Amended 


.2304 - .2305 


Amended 


.2307 


Amended 


.2401 - .2402 


Amended 


.2405 - .2406 


Amended 


.2408 - .2409 


Amended 


.2412- .2414 


Amended 


.2417 


Amended 


.0101 - .0102 


Amended 


.0104- .0107 


Amended 


.0203 - .0204 


Amended 


.0207 - .0209 


Amended 


.0211 


Amended 


.0302 - .0309 


Amended 


.0101 


Repealed 


.0102 


Amended 


.0202 - .0203 


Amended 


.0301 - .0302 


Amended 


.0304 - .0305 


Amended 


.0307 


Amended 


.0402 - .0403 


Amended 


.0405 . .0406 


Amended 


.1101 - .1103 


Amended 


.1105 - .1106 


Amended 


.1201 


Amended 


.1203- .1204 


Amended 


.1205- .1206 


Repealed 


.1208- .1209 


Amended 


.1211 


Amended 


.1214 


Amended 


.1301 - .1303 


Amended 


.1401 - .1402 


Amended 


.1404 - .1407 


Amended 


.1409 


Repealed 


.1501 


Repealed 


.1503- .1505 


Amended 


.1509 


Amended 


.1512- .1513 


Amended 


.1515- .1516 


Amended 


.1517 


Repealed 


.1522 


Amended 


.1527 


/Vmended 


.1529 


Amended 


.1532 


Amended 



S47 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



FINAL RULES 




18D .0101 


Repealed 


.0104 


Repealed 


.0105 


Amended 


.0203 


Amended 


.0204 


Repealed 


.0205 


Amended 


.0301 - .0303 


Amended 


.0306 


Repealed 


.0402 


Repealed 


.0403 


Amended 


.0404 


* Correction 


.0405 


Amended 


.0501 


Amended 


.0502 - .0507 


Repealed 


.0508 


Amended 


.0601 


Amended 


.0602 - .0624 


Repealed 


19A .0103 


Amended 


.0601 


Repealed 


.0603 


Amended 


19B .0101 


Amended 


.0202 


Amended 


.0203 - .0204 


Amended 


.0206 


Amended 


.0208 


Amended 


.0301 - .0304 


Amended 


.0308 - .0309 


Amended 


.0312 , 


Repealed 


.0313 


Amended 


.0401 - .0405 


j'Vmended 


.0407 


Amended 


.0502 


Amended 


19C .0101 


Repealed 


.0102 


Amended 


.0201 - .0203 


Repealed 


.0205 


Repealed 


.0301 


Repealed 


.0302 


Amended 


.0306 


Amended 


.0402 


Amended 


.0501 - .0503 


Repealed 


19D .0101 


/Vmended 


.0104- .0105 


Amended 


.0201 


Amended 


.0203 - .0204 


Amended 


.0407 - .0408 


/Vmended 


19E .0001 


Repealed 


.0002 


/Vmended 


.0004 - .0005 


/Vmended 


.0008 


/Vmended 


19F .0101 


/Vmended 


.0102 


Repealed 


.0103- .0105 


/Vmended 


.0106- .0107 


Repealed 


.0201 


/Vmended 


.0202 


Repealed 


.0203 


Amended 


.0204 - .0206 


Repealed 


.0301 - .0304 


/Vmended 



5:12 NORTH CAROLINA REGISTER Septembei 14, 1990 848 



FINAL RULES 



.0401 - .0402 Amended 

.0403 Repealed 

19G .0101 - .0103 Amended 

.0201 Repealed 

19H .0101 Amended 

.0103 -.0104 Amended 

.0202 Amended 

.0206 - .0207 Amended 

.0301 - .0302 Amended 

.0305 Amended 

.0310 Amended 

.0401 - .0402 Amended 

.0501 • Amended 

.0503 Amended 

.0505 Amended 

.0702 Amended 

.0802 Amended 

.0905 Amended 

.1001 * Correction 

.1101 - .1102 Amended 

.1201 - .1202 Amended 

.1401 Repealed 

20A .0001 - .0002 Amended 

.0004 - .0006 Amended 

20B .0002 Amended 

.0006 Amended 

20C .0001 - .0002 Amended 

20D .0201 - .0202 Amended 

.0204 Amended 

.0208 - .0212 Amended 

.0214 - .0215 Amended 

.0217 - .0224 Amended 

.0227 - .0228 Amended 

.0230 Amended 

21A .0101 Repealed 

.0102 - .0107 .\mended 

.0201 - .0203 Amended 

.0204 - .0206 Amended 

.0306 Amended 

.0401 Amended 

.0403 - .0404 .\mended 

.0502 - .0506 Amended 

.0601 - .0604 Repealed 

.0701 - .0705 Repealed 

.0901 - .0905 Repealed 

2 IB .0101 Amended 

.0102 Repealed 

.0103 Amended 

.0106 Amended 

.0201 Amended 

.0203 Amended 

21C .0101 /Vmended 

.0102 Repealed . 

.0103 -.0104 Amended 

.0206 - .0207 " Amended 

.0301 - .0302 Amended 

.0305 Amended 

.0310 Amended 

.0401 - .0402 /Vmended 



849 5:12 NORTH CAROLINA REGISTER Scptembei 14, 1990 



FINAL RULES 




.0601 - .0606 


Repealed 


.0701 - .0705 


Repealed 


21D .0801 


Repealed 


.0901 


Repealed 


.1002 


Repealed 


.1101 


Repealed 


21E .0305 


Amended 


.0307 


Amended 


21F .0102 


Amended 


.0201 


Amended 


.0205 - .0207 


Amended 


.0304 - .0305 


Amended 


.0401 


Amended 


.0405 - .0408 


Amended 


.0502 


Amended 


.0504 


Amended 


.0508 


Amended 


.0601 - .0602 


Amended 


.0604 


Amended 


.0606 


Amended 


.0704 


Amended 


.1002- .1003 


Amended 


.1009 


Amended 


21G .0101 - .0102 


Amended 


.0104 


Amended 


.0106 


Repealed 


.0201 - .0202 


Amended 


.0204 


Amended 


.0301 


Amended 


.0401 - .0405 


Amended 


.0408 - .0409 


Amended 


.0501 


Repealed 


.0502 - .0505 


Amended 


.0507 - .0509 


Amended 


21H .0101 


Repealed 


.0102 -.0103 


Amended 


.0104 


Repealed 


.0105- .0106 


Amended 


.0107- .0108 


Repealed 


.0109- .0111 


Amended 


.0112 


Repealed 


.0114 


Repealed 


.0117 


Repealed 


.0201 


Repealed 


.0202 - .0204 


Amended 


.0208 


Amended 


.0301 


yVmended 


.0302 


Repealed 


.0304 - .0305 


Amended 


.0308 - .0310 


Amended 


.0312 


Amended 


23 .0101 


Amended 


.0201 


* Correction 


.0202 


Amended 


.0203 - .0204 


* Correction 


.0301 


Amended 


.0302 


Repealed 


.0304 


* Correction 


.0306 - .0307 


Amended 



5:12 NORTH CAROLINA REGISTER September 14, 1990 850 



FINAL RULES 





.0309 - 


.0310 




.0401 




25 


.0101 - 

.0202 

.0205 


.0102 




.0207 - 


.0208 




.0214 






.0301 - 


.0302 


PLBLJC EDUCATION 



16 NCAC 6G .0202 

SFCRET.\RV OF STATE 



18 NCAC 6 


.1104 




.1202 




.1206 




.1208 




.1303- .1304 




.1314 




.1316 




.1401 




.1509 




.1602 




.1607 




.1701 




,1811 


DEPARTMENT OF TRANSPORTATION 


19A NCAC 2D 


.0605 




.0607 - .0608 




.0624 - .0625 




.0628 


2E 


.0219 




.0221 - .0222 




.0424 


3B 


.0701 - .0716 


3D 


.0801 


3G 


.0206 




.0209 


31 


.0202 




.0209 




.0401 




.0501 


REAL ESTATE COMMISSION 


21 NCAC 58D 


.0406 



Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 



Amended 



Amended 

Amended 

** Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Adopted 

/Vmended 

Amended 



Amended 

Amended 

Amended 

Repealed 

Amended 

Amended 

Adopted 

Adopted 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 



* Correction 



S51 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



ARRC OBJECTIONS 



1 he Administrative Rules Review Commission (ARRC) objected to the following rules in accord- 
ance with G.S. l43B-30.2(c). State agencies are required to respond to ARRC as provided in G.S. 

l43B-30.2(d). 



ECONOMIC AND COMMLTsITY DEVELOPMENT 

Banking Commission 

4 NCAC 3C .0201 - Establishment of Branch and Limited Svcs Facilities 

Agency Revised Rule 
4 NCAC 3C .0202 - Branch Closing 

Agency Revised Rule 
4 NCAC 3C .0901 - Books and Record 

Agency Revised Rule 
4 NCAC 3C .1301 - Annual Vacation 

Agency Revised Rule 

Community Assistance 

4 NCAC I9L .050/ - Definition 
Agency Revised Rule 

Credit Union Division 

4 NCAC6C .0203 - Fields of Membership 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

linvLTonmental Health 

/5A NCAC ISA .IS 14 - Disposal of Garbage and Trash: Premises 

Agency Revised Rule 
ISA NCAC ISA .2117 - Water Sanitation and Quality 
ISA NCAC ISA .2609 - Refrigeration: Thawing: and Preparation of Food 
ISA NCAC ISC .IS29 - Point-of Entry and Other Treatment Dexices 

Agency Revised Rule 

I:n\ironmental Management 

ISA NCAC 211 .1203 - Public Notice 

Health: Epidemiology 

ISA NCAC I9B .0202 - Granting Permits 

Agency Revised Rule 
ISA NCAC I9D .0407 - .Medical Eligibility 

Agency Revised Rule 
ISA NCAC I9D .0408 - Medical Eligibility/ Licensed Nursing Home Svcs 

Agency Revised Rule 

Laboratory Scr\ices 

ISA NCAC 20 A .0002 - Definitions 



ARRC Objection 7119190 
Obj. Removed 8/ 16/90 
ARRC Objection 7/19/90 
Obj. Removed S/ 16/90 
ARRC Objection 7/19/90 
Obj. Removed S/ 16/90 
ARRC Objection 7/19/90 
Obj. Removed 8/ 16/90 



ARRC Objection 7/19/90 
Obj. Removed 8/ 16/90 



ARRC Objection 8/16/90 



ARRC Objection 6/21/90 
Obj. Removed 7/19/90 
ARRC Objection 8/ 16/90 
ARRC Objection 8/ 16/90 
ARRC Objection 6/21/90 
Obj. Removed 7/19/90 



ARRC Objection 8/16/90 



ARRC Objection 6/21/90 
Obj. Removed 7/19/90 
ARRC Objection 6/21/90 
Obj. Removed 7/19/90 
ARRC Objection 6/21/90 
Obj. Removed 7/19/90 



ARRC Objection 6/21/90 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



S52 



ARRC OBJECTIONS 



Agency Revised Rule 

Marine Fisheries 

J5A .\CAC 3S .000 J ■ Scope and Purpose 

15A XCAC 30 .0203 - Shellfish Lease Application Processing 

Solid Waste Management 

15A NCAC 13B .1003 - Eligible Purposes 

ISA NCAC 13B .1005 - Priority Factors 

15A NCAC 13B .1104 - General Conditions 

ISA NCAC I3B .llOS - Permit Required 

ISA NCAC 13B .1 107 - Scrap Tire Collection Site Operational Reqmnts 

Wildlife Resources Commission 

ISA NCAC IOC .OSOl - Scope and Purpose 
Agency Revised Rule 

HUMAN RESOURCES 

AFDC 

10 NCAC 49C .0101 - Eligibility for Coverage 
Agency Revised Rule 

Governor Morehcad School 

10 NCAC :iA .0301 - Eligibility 
Agency Revised Rule 

Medical Assistance 

10 NCAC SOB .0311 - Reser\-e 
Agency Revised Rule 

\"outh Services 

10 NCAC44B .0S04 - .Medical Care 
Agency Revised Rule 

10 NCAC 44B .0S06 - Room Restriction or Confmement 
.Agency Revised Rule 

INSURANCE 

Agent Services Di\ision 

// NCAC 6.4 .0702 - Prelicensing Education Schools 

F-inancial Evaluation Di\ision 

// NCAC I IB .0607 - Application - Employers 

11 NCAC I IB .0610 - Application - Groups 

LICENSING BOARDS AND COMMISSIONS 

Board Of Pharmacy 



Obj. Removed 7 i 19,90 



ARRC Objection 8/ 16190 
ARRC Objection 8/16190 



ARRC Objection 81 16;90 
ARRC Objection 8/16190 
ARRC Objection 8/ 16190 
ARRC Objection 8il 6 190 
ARRC Objection 8116/90 



ARRC Objection 6i2E 90 
Obj. Removed 7:19:90 



ARRC Objection 7 1 19/90 
Obj. Removed 8/ 16/90 



ARRC Objection 7 i 19^90 
Obj. Removed 8 16,90 



ARRC Objection 6i 2 1,90 
Obj. Removed 7! 19 90 



ARRC Objection 7/19.90 
Obj. Removed 8/ 16:90 
ARRC Objection 7 < 19,90 
Obj. Removed 8/ 16:90 



ARRC Objection 8:16/90 



ARRC Objection 8: 16 90 
ARRC Objection 8: 16/90 



S53 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



ARRC OBJECTIONS 



21 \CAC 46 .1503 - Experience in Pharmacy 
PUBLIC EDUCATION 

Elementary and Secondary Education 

16 S'CAC 6C .0312 - Certificate Suspension and Revocation 
16 NCAC6D .0105 - Use of School Day 

Objection Reconsidered and Failed 

Clincher .Motion Passed 

SECRETARY OF STATE 



ARRC Objection 8/ 16/90 



ARRC Objection 8116/90 

ARRC Objection 6/21/90 

7/19/90 



Corporations Division 



18 XCAC 4 .0101 
18 .\CAC4 .0102 
18 XCAC 4 .0205 
18 \CAC4 .0206 
18 .\CAC4 .0302 
18 \CAC4 .0303 
18 \CAC4 .0305 
18 NCAC4 .0306 
18 NCAC 4 .0307 
18 SCAC4 .0308 
18 \CAC4 .0311 
18 .\CAC4 .0312 
18 \CAC4 .0313 



Location and Hours 

Administration and Functions 

Overpayment 

Documents Sot Specifically Provided For 

Execution 

Rejection 

Corrective Filings- Nonprofit Corp/Limited Partnerships 

Articles of Incorporation - Nonprofit Corporations 

Application For Reservation of Corporate Name 

Registered Office and Registered Agent 

Art of Merger/ Share E.xch /G.S. 55-1 1-07/55A-42.1 

Appl For Cert of Authority /Foreign Prof Corporation 

Filing Merger Invohing Foreign Corporation 

18 NCAC 4 .0314 - Filing Evidence of Dissolution/ Foreign Nonprofit Corp 

18 NCAC 4 .0316 - Form for Annual Report 

IS NCAC 4 .0401 - Documents 

18 NCAC 4 .0402 - Cert of Fads/ Certificate of Exit/ Authorization 

IS NCAC 4 .0501 - General 

IS NCAC 4 .0502 - Words Prohibited in Addition to Statutory Prohibitions 

IS NCAC 4 .0503 - Decepti\'ely Similar and Distinguishable Names 

IS NCAC 4 .0504 - Filing Fictitious/ Assumed Name' Foreign Corporation 
No Response Received From Agency 
Response Received From .Agency 

Securities Division 

IS NCAC 6 .1210 - Securities Exchgs/ Auto Quotation Sys Approve/ Admin 
No Response Received From Agency 
Response Received From Agency 



ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 



Object, 
Object 
Object. 
Object 
Object. 
Object 
Object 
Object 
Object. 
Object. 
Object. 
Object. 
Object. 
Object. 
Object. 
Object. 
Object. 
Object. 
Object. 
Object. 
Object. 



on 6/21/90 
on 6/21,90 
on 6/21/90 
on 6121/90 
on 6i21/90 
on 6/21/90 
on 6/21/90 
on 6/21/90 
on 6/21/90 
on 6/21/90 
on 6121/90 
on 6/21 190 
on 6i21/90 
on 6/21,90 
on 6/21/90 
on 6!21/90 
on 6-21/90 
on 6121190 
on 6/21/90 
on 6/21/90 
on 6121/90 
7/19/90 



Obj. Removed 8/ 16/90 



ARRC Objection 6/21:90 
7/19/90 
Obj. Removed 8/ 16/90 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



854 



RULES INVALIDATED BY JUDICIAL DECISION 



1 his Section of the Register lists the recent decisions issued by the North Carolina Supreme Court. 
Court of Appeals, Superior Court (when a\-ailable), and the Office of Administrative Hearings which 
invalidate a n/le in the North Carolina Administrative Code. 



lONCAC 3R .03 17(g) - WITHDR.4WAL OF A CERTIFICATE 

Robert Roosc\elt Reilly, Jr., Administrative Law Judge with the Office of Administrative Hearings, 
declared Rule 10 NCAC 3R .0317(g) void as applied in Dawn Health Care, a North Carolina General 
Partnership. Petitioner v. Department of Human Resources, Certificate of Need Section, Respondent (90 
DHR 02^56). 



S55 5:12 .NORTH CAROLINA REGISTER September 14, 1990 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



The North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two 
of these, titles and chapters, are mandatory. The major subdivision of the NCAC is the title. 
Each major department in the North Carolina executive branch of government has been as- 
signed a title number. Titles are further broken down into chapters which shall be numerical 
in order. The other two, subchapters and sections are optional subdivisions to be used by 
agencies when appropriate. 

TITLE/MAJOR DFV ISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 



TITLE DEPARTMENT 



1 


Administration 


2 


Agriculture 


3 


Auditor 


4 


Economic and Community 




Development 


5 


Correction 


6 


Council of State 


7 


Cultural Resources 


8 


Elections 


9 


Governor 


10 


Human Resources 


11 


Insurance 


12 


Justice 


13 


Labor 


14A 


Crime Control and Public Safety 


15A 


Environment, Health, and Natural 




Resources 


16 


Public Education 


17 


Revenue 


18 


Secretary of State 


19A 


Transportation 


20 


Treasurer 


*21 


Occupational Licensing Boards 


22 


Administrative Procedures 


23 


Community Colleges 


24 


Independent Agencies 


25 


State Personnel 


26 


Administrative Hearings 



LICENSING BOARDS CHAPTER 

Architecture 2 

Auctioneers 4 

Barber Examiners 6 

Certified Public Accountant Examiners 8 

Chiropractic Examiners 10 

General Contractors 12 

Cosmetic Art Examiners 14 

Dental Examiners 16 

Electrical Contractors 18 

Foresters 20 

Geologists 21 

Hearing Aid Dealers and Fitters 22 

Landscape Architects 26 

Landscape Contractors 28 

Marital & Family Therapy 31 

Medical Examuiers 32 

Midwifery Joint Committee 33 

Mortuar)' Science 34 

Nursing 36 

Nursing Home Administrators 37 

Occupational Therapists 38 

Opticians 40 

Optometry 42 

Osteopathic Examination and 44 
Registration 

Pharmacy 46 

Physical Therapy Examiners 48 

Plumbing and Heating Contractors 50 

Podiatry Examiners 52 

Practicing Counselors 53 

Practicing Psychologists 54 
Professional Engineers and Land Surveyors 56 

Real Estate Commission 58 

Refrigeration Examiners 60 

Sanitarian Examiners 62 

Social Work 63 

Speech and Language Pathologists and 64 
Audiologists 

Veterinary Medical Board 66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



856 



CVMULA TIVE INDEX 



CUMULA TIVE L\DEX 

(April 1990 - March 1991) 



1990 - 1991 



Pages 

1 - 
152 - 
236 - 
286 - 
313 - 
408 - 
474 - 
514 - 
604 - 
636 - 
724 - 
792 - 



Issue 



151 1 

235 2 

285 3 

312 4 

407 5 

473 6 

513 7 

603 8 

635 9 

723 10 

791 11 

859 12 



April 
April 
May 
May 

June 
June 
July 
July 

August 
August 
September 
September 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

FR - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporap.' Rule 



ADMINISTRATION 

State Property and Construction, 411 PR 

ADMINISTRATE E HEARINGS 

Rules Division, 792 PR 

AGRICULTURE 

Markets, 737 PR 

Plant Conservation Board, 1 PR 

Plant IndustPv', 739 PR 

State Fair, 737 PR 

Structural Pest Control Committee, 7 PR 

CORRECTION 

Di\ision of Prisons, 762 FR 

CRIME CONTROL AND PUBLIC SAFETY 

State Hiehwav Patrol, 53 PR, 804 PR 
Butner Public Salety Division, 419 PR 



557 



5:12 NORTH CAROLINA REGISTER September 14, 1990 



CUMULA TIVE INDEX 



ECONOMIC AND COMMUNITY DE\ ELOP.MENT 

Banking Commission, 16 PR 
Community Assistance, 25 PR, 317 PR 
Credit Union, 317 PR 
Hazardous Waste Management, 742 PR 
MUk Commission, 24 PR, 741 PR 

ENMRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal Management, 136 PR, 292 PR, 707 PR 

Envrronmental Management, 54 PR, 193 PR, 420 PR, 542 PR, 706 PR, 744 PR 

Health Services, 190 PR, 565 PR, 816 PR 

Land Resources, 744 PR 

Manne Fishenes, 63 PR, 484 PR, 805 PR 

Wastewater Treatment Plant Operators Certification Commission, 551 PR 

Water Treatment Facility Operators Board of Certification, 621 PR 

Wildlife Resources and Water Safety, 137 PR, 206 PR, 293 PR, 349 PR, 438 PR, 563 PR, 748 PR, 815 PR 

FINAL DECISION LETIERS 

Votmg Rights Act, 241, 286, 316, 605, 638, 792 

FINAL RULES 

List of Rules Codified, 143 FR, 226 FR, 302 FR, 463 FR, 587 FR, 710 FR, 842 FR 

GOVERNOR/LT. GO\ ERNOR 

Executive Orders, 236, 313, 408, 474, 514, 604, 636, 724 

HUMAN RESOURCES 

Aging, Division of, 704 PR 

Facility Ser\'ices, 516 PR, 702 PR 

Health Services, 152 PR, 245 PR 

Medical Assistance, 191 PR 

Mental Health, Developmental Disabilities and Substance Abuse Ser\'ices, 29 PR, 318 PR, 475 PR 

Services for the Blind, 412 PR 

Social Services, 247 PR, 607 PR 

Water Treatment Facility Operators Board of Certification, 27 PR 

Youth Services, 261 PR 

ESSURANCE 

x'\ctuarial Services Division, 480 PR 

Agent Services Division, 321 PR, 520 PR 

Engineering and Building Codes, 793 PR 

Financial Evaluation Division, 342 PR, 525 PR 

Fire and Casualty Division, 335 PR, 478 PR, 796 PR 

Life: Accident and Health. 264 PR, 287 PR, 529 PR, 798 PR 

JUSTICE 

Attorney General, Office of the, 192 PR, 273 PR 

Criminal Justice Education and Training Standards Commission, 704 PR 

Shenffs' Standards Division, 608 PR 

LICENSING BOARDS 

Cosmetic .-\rt Exanuners, Board of 355 PR, 708 PR 

Electrical Contractors, Board of Examiners of 356 PR 

Medical Examiners, Board of 207 PR, 838 PR 

Mortuary- Science, Board of 749 PR 

Nursing," Board of, 300 PR, 496 PR 

Nursing Home Administrators, Board of 750 PR 

Ph\ sical Therapy Exammers, Board of 443 PR 



5:12 NORTH CAROLINA REGISTER September 14, 1990 858 



CUMULATIVE ISDEX 



Plumbing and Heatuig Contractors, Examiners, 621 PR 
Practicmg Psychologists, Board of, 755 PR 
Real Estate Commission, 625 PR 

PI BLIC KDl CATION 

Elementary and Secondary, 141 PR, 275 PR, 351 PR 

RKNEM K 

Indnidual Income Tax, 359 E"R 

License and Excise Tax Division, 445 ER 

Sales and Use Tax, 213 ER, 453 ER 

SKCRETAR\ OF S lATE 

Corporations ni\ision, 489 PR 
Secunties Division, 293 PR, 405 PR 

STATE PERSONNEL 

State Persomiel Commission. 277 PR. 500 PR, 756 PR 

SI ATE I REASl RER 

Department Rules, 352 PR 

Local Government Commission. 352 PR, 442 PR 

Solid Waste Management Capital Projects Emancing Agency, 354 PR 

SIAIEMEN IS OE ORGANIZATION 

Statcnicnts of Organization, 639 SO 

TRANSPORIATION 

llidi\\a\s. Division of, 765 ER 

.Motor Vehicles. Division of. 222 ER. 773 ER 



S59 5:12 yORTH CAROLINA REGISTER September 14, 1990 



NORTH CAROLINA ADMINISTRATIVE CODE 

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